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Abbott's Practice Cases Volume 3

Abbott's Practice Cases Volume 3


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 edition. Excerpt: ... Matter of the Southern Boulevard. MATTER OF THE SOUTHERN BOULEVARD. Supreme Court, Second District; Special Term, December, 1SG7. Highway Commissioners.--Interest No Disqualification. A private citizen, appearing in court in the capacity of tax payer only, cannot be heard in opposition to the confirmation of the report of commissioners of estimate and assessment, appointed under the act of 1867, ch. 290, providing for the improvement of a highway in Westchester County. Whatever interest an individual has in the determination of such question arises from his liability, in common with others, to contribute a tax or assessment, and is not sufficient to conftr upon him a standing in court. A commissioner appointed by special statute to award damages for property taken in laying out a highway, is not rendered incompetent from the fact of his owning land which has been taken for the improvement. A commissioner is a quasi judicial officer only, and is not within the application of the maxim precluding a person from acting as judge in his own case. Upon a motion to confirm a report of such commissioners, it is too late to object to a member of that body upon the ground of personal interest. Such objection is maintainable only on the hearing of the application for their appointment; and from an omission to make it at that time, a consent, or waiver of the objection will be inferreu. Motion to confirm a report of commissioners of estimate and assessment. By an act of the legislature, passed April 9, 1867, the towns of Monisania and "West Farms, in Westchester County, were authorized to construct a highway in said towns, to be called the Southern Boulevard. Commissioners were appointed by the act to lay out the highway, and, to this end, were...


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Product Details
  • ISBN-13: 9781151246653
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 190
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1151246654
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 349 gr


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