Harris v. Whitney
New York Supreme Court
Mason, Shankland and Mon-son, Justices. This case was brought into this court by certiorari to reverse an ordér of the judges of Broome Common Pleas, reversing a certain order of the commissioners of highwáys of the town of Vestal, laying out a highway in said town. The judges met, due notice having been given to all parties, and heard the appeal, and separated without making any determination of the matter, with the understanding that they should meet at a future day.
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Mason, Shankland and Mon-son, Justices. This case was brought into this court by certiorari to reverse an ordér of the judges of Broome Common Pleas, reversing a certain order of the commissioners of highwáys of the town of Vestal, laying out a highway in said town. The judges met, due notice having been given to all parties, and heard the appeal, and separated without making any determination of the matter, with the understanding that they should meet at a future day. They never met afterwards; but the order was made in the manner stated in the opinion below. The judges went out of office on…
1Opinion of the Court
By the Court, Mason, Justice.
There is no doubt that these proceedings were properly brought up hereby certiorari (Lawton and others vs. The Commissioners, &c. of the town of Cambridge, *1762 Caines R. 179; Commissioners of Highways of the town of Kinderhook vs. Clow and others, 16 J. R. 637). The appeal from the decision of the commissioners of highways lay to any three judges of the Court of Common Pleas of the county in which such road was situated (1 R. S. 518, § 84 and 88), by any person aggrieved. The appeal was to any three judges, and the statute conferred a special authority upon the…
2Cited by4 opinions
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