Fitch v. Commissioners of Highways
New York Supreme Court
Encroachment on highway. In this case, a certiorari was issued to Orange Foote, Alden Brown and George Grummond, commissioners of highways, of the town of Kirkland, in the county of Oneida, to which they returned that on 22d April, 1837, a complaint was exhibited to them of an encroachment upon a certain highway ; that they immediately proceeded to examine into the matter, and determined that an encroachment had been made, and agreed to meet at a certain place, on the 20th…
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Encroachment on highway. In this case, a certiorari was issued to Orange Foote, Alden Brown and George Grummond, commissioners of highways, of the town of Kirkland, in the county of Oneida, to which they returned that on 22d April, 1837, a complaint was exhibited to them of an encroachment upon a certain highway ; that they immediately proceeded to examine into the matter, and determined that an encroachment had been made, and agreed to meet at a certain place, on the 20th day of April, for the purpose of consulting on the expediency of making an order for the removal of the encroachment;…
1Opinion of the Court
By the Court,
Cowen, J.
The objection that a second jury could not be summoned on the disagreement of the first, and a third on the disagreement of the second, was abandoned by the counsel for the plaintiff, on the counsel for the commissioners citing 2 R. S. 458, §26, 2d ed., and the objection confined to the informality of the order and uncertainty of the certificate. The objection that the jury erred on the merits was abandoned as not examinable upon certiorari, on the authority of Birdsall v. Phillips, 17 Wendell, 464.
Was the order in due form ? The order of the 8th of May, under which the…
2Cases cited2 opinions
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- Birdsall v. PhillipsNew York Supreme Court · 1837
3Cited by18 opinions
- Keystone Bridge Co. v. SummersWest Virginia Supreme Court · 1878
- Rona v. MeierSupreme Court of Iowa · 1878
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1889
- People Ex Rel. Ottman v. HyndsNew York Court of Appeals · 1864
- People ex rel. Ottman v. Commissioners of Highways of SewardNew York Supreme Court · 1858
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