Fleet v. Youngs
New York Supreme Court
Error on certiorari. Youngs, as an overseer of highways of the town of Oysterbay, commenced a suit before a justice of the peace against Fleet for obstructing a highway.
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Error on certiorari. Youngs, as an overseer of highways of the town of Oysterbay, commenced a suit before a justice of the peace against Fleet for obstructing a highway. In his declaration he stated that on the 11th August, 1826, the commissioners of highways of Oysterbay, upon a view of a certain road, did find that a part of it leading along and adjoining the lands of the defendant had been and was lessened, and obstructed by the means of a fence of a defendant, and proceeded to open such road to the width mentioned in the original m-cord thereof, and affixed certain boundaries and…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff in error contends that the judgment should be reversed, because, 1st. The justice was ousted of jurisdiction by the plea of title; 2d. That the case is not within the second section of the act under which the suit was brought; and 3d. If'within the act, that the declaration does not shew any penalty incurred.
*297So much of the second section as it is material to state, is in substance as follows: That if the commissioners find any of the roads lessened, obstructed, or blocked up, they may open the same to such width as is mentioned in the record of such…
2Cases cited3 opinions
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
- Case v. ThompsonNew York Supreme Court · 1831
- People ex rel. Parker v. Onondaga Common PleasNew York Supreme Court · 1829
3Cited by6 opinions
- Duckworth v. JohnstonSupreme Court of Alabama · 1845
- Little v. . DennNew York Court of Appeals · 1866
- Whiting v. DudleyNew York Supreme Court · 1838
- Soule v. StateWisconsin Supreme Court · 1865
- Chicago, M. & St. P. Ry. Co. v. NieldSouth Dakota Supreme Court · 1902
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