People ex rel. Fountain v. Board of Supervisors
New York Supreme Court
Demurrer to the defendants’ return to an alternative mandamus. By the act passed May 13th, 1845, entitled “an act to improve the post road running from the Elephant Hotel in the town of Somers to the village of Peekskill,” commissioners were appointed to alter and improve said road ; and in so doing to make a survey and examination of the same, or such parts thereof as in their opinion it should be proper or necessary to alter, in order to avoid or reduce hills, or to…
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Demurrer to the defendants’ return to an alternative mandamus. By the act passed May 13th, 1845, entitled “an act to improve the post road running from the Elephant Hotel in the town of Somers to the village of Peekskill,” commissioners were appointed to alter and improve said road ; and in so doing to make a survey and examination of the same, or such parts thereof as in their opinion it should be proper or necessary to alter, in order to avoid or reduce hills, or to straighten and shorten said road, and to cause a map and description “ of so much of the changes of route and alterations of…
1Opinion of the Court
By the Court, Babculo, J.
The question arises whether the board of supervisors can be compelled by mandamus to direct the levy and collection of the damages assessed to the relators under the act of 1845. In discussing this question, I shall assume that a mandamus is the proper remedy for the enforcement of the relators’ rights, if any they have; and that their rights are cut off and annulled by the repealing acts, if the legislature had the power thus to cut them off.
The case then involves the consideration of the following propositions: I. The general power of the legislature to destroy…
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