People ex rel. Commissioners of Highways of Lee v. Wilson

Headnote

Appeal from an order made at special term by Mr. Justice Hardin, refusing to set aside an order of Mr. Justice Doolittle. The last-named order was made September 14, 1870, in an action by one Whitman and others, against O’Connor-and others, commissioners of highways, of Lee and Annsville, Oneida county, adjoining towns, and directed the said commissioners to rebuild a bridge which crossed a creek forming a boundary between the towns. Proceedings on the order was stayed, and an appeal taken. The court of appeals sustained the order, and a motion was made at the Oneida special term to compel the carrying out of the order. At the same time, the motion in this proceeding was made. The order was never enforced, and the highway leading over the bridge in question was, in 1871, discontinued by the commissioners of Lee.

The general term declined to hear the appeal, upon the ground that the appeal papers were defective, and the matter was not before the court, but intimated that in case the same was properly before the court the decision of the special term would be sustained.