People Ex Rel. Aspinwall v. Supervisors of Richmond
New York Court of Appeals
The relator sued out a mandamus requiring the supervisors to audit certain damages assessed for the land of the relator taken for a highway, and to the end that the same should he levied and collected in the town of Southfield, or to show cause, &c. The supervisors answered the writ, denying some of the allegations in it, and alleging some new matters.
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The relator sued out a mandamus requiring the supervisors to audit certain damages assessed for the land of the relator taken for a highway, and to the end that the same should he levied and collected in the town of Southfield, or to show cause, &c. The supervisors answered the writ, denying some of the allegations in it, and alleging some new matters. The relator replied, and the issues were tried at a circuit, and the court directed the jury to render a verdict for the relator for $200, the original claim, and the interest thereon, amounting to $84. ■ To this direction the defendant…
1Opinion of the CourtMarvin, J.
It will be seen on consulting the case as reported in N. Y. Rep. vol. 20, p. 252, that most of the questions originally raised, and some of which are reviewed, have been disposed of by this court.
The regularity of the proceedings in laying out the highway and in assessing the damages, and the proceedings of the relator to procure the action of the board of supervisors, as then discussed, were affirmed. There was nothing in the case then calling for or justifying any decision or opinion touching the form of the judgment to which the relator was entitled. Can this judgment against the…
2Cited by20 opinions
- People Ex Rel. Deverell v. Musical Mutual Protective UnionNew York Court of Appeals · 1889
- Hill v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907
- Dow v. HumbertSupreme Court of the United States · 1876
- Clark v. . MillerNew York Court of Appeals · 1874
- Golomb v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1983
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