Legal Opinion

Matter of De Camp

New York Court of Appeals

Decided February 2, 1897PublishedCited by 15 opinions

Appeal from an order of the General Term of the Supreme Court in the fourth judicial department, entered June 21,1894, which dismissed an appeal from an order of the Tompkins County Court confirming the decision of commissioners in proceedings to lay out a highway.

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Appeal from an order of the General Term of the Supreme Court in the fourth judicial department, entered June 21,1894, which dismissed an appeal from an order of the Tompkins County Court confirming the decision of commissioners in proceedings to lay out a highway. In May, 1893, an application in writing was made by Daniel De Camp to the commissioner of highways of the town of Lansing, in the county of Tompkins, “to lay out a highway in said town, commencing about twenty-five rods east of Henry Houser’s residence, at or near the foot of the hill, which proposed highway will pass through the…

1Opinion of the Court

Andrews, Ch. J.

Section 89 of the Highway Act (Laws of 1890, chap. 568), upon which the General Term relied in dismissing the appeal is as follows: “Within thirty days after the decision of the commissioners shall have been filed in the town clerk’s office, any party interested in the proceed ing may apply to the" court appointing the commissioners for • an order confirming, vacating or modifying their decision, and' such court may confirm, vacate or modify such decision. If the decision be vacated, the court may order another hearing of the matter before the same or other commissioners. If no…

2Cases cited2 opinions

  1. In the Matter, Etc., Village of MiddletownNew York Court of Appeals · 1880
  2. McMahon v. . RauhrNew York Court of Appeals · 1871

3Cited by15 opinions

  1. Citizens' Savings Bank v. Town of GreenburghNew York Court of Appeals · 1903
  2. Fox v. . MatthiessenNew York Court of Appeals · 1898
  3. Hooker v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1901
  4. In re FennAppellate Division of the Supreme Court of the State of New York · 1908
  5. Taylor v. . SmithNew York Court of Appeals · 1900

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