People v. Adsit

New York Supreme Court

People v. Adsit

2 Hill & Den. 619

New York Supreme Court·Decided May 15, 1842·Published

Opinion

By the Court,

Cowen, J.

We are of opinion that the existence of funds or other specific means provided by statute, is a condition precedent to the obligation of commissioners of highways to repair bridges. It follows, that the existence of such funds or other means should have been averred in the indictment as a substantive fact. (Bartlett v. Crozier, 17 John. 439. People v. Com. of Highways of Hudson, 7 Wend. 474.)

Judgment affirmed.

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By the Court,

Cowen, J.

We are of opinion that the existence of funds or other specific means provided by statute, is a condition precedent to the obligation of commissioners of highways to repair bridges. It follows, that the existence of such funds or other means should have been averred in the indictment as a substantive fact. (Bartlett v. Crozier, 17 John. 439. People v. Com. of Highways of Hudson, 7 Wend. 474.)

Judgment affirmed.

People v. Adsit, 2 Hill & Den. 619 (N.Y. Super. Ct. 1842).

Pincite

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Opinion

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