People Ex Rel. Herrick v. Smith
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The relators sued out a certiorari, for the purpose of reviewing an order of the County Judge of Suffolk County, whereby he reversed an order of the commissioners of highways of the town of River-head—refusing to lay out a highway in that town, pursuant to a petition of twelve'freeholders—and proceeded to lay out such highway.
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Appeal from a judgment of the Supreme Court. The relators sued out a certiorari, for the purpose of reviewing an order of the County Judge of Suffolk County, whereby he reversed an order of the commissioners of highways of the town of River-head—refusing to lay out a highway in that town, pursuant to a petition of twelve'freeholders—and proceeded to lay out such highway. The relators are owners and occupants of a part of the lands through which the highway, so laid out, runs; which lands'will have to be appropriated for its track. The single ground of error relied on, was, that no notice was…
1Opinion of the Court
Dentó, J.
The subject of highways and bridges on Long Island, is regulated by a statute passed in 1830, entitled “An act regulating highways and bridges in the counties of Suffolk, Queens and Kings ” (ch. 56). The system, in its general features, is similar to that established by the Revised Statutes for other parts of the State; but there are some discrepancies, and dpon item, I think,, the question in the present case may turn. By the Long Island act, the commissioners have power to lay out new roads without the consent of' the owners of the land through which they may run, upon the petition…
2Cases cited1 opinion
- People ex rel. Edick v. OsbornNew York Supreme Court · 1838
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- In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
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