People ex rel. Lawrence v. Schell

By the Court

Johnson, J.

This is a common-law certiorari to review the proceedings of the defendant Schell, as commissioner in laying out a road “ from the settlements in Lewis county to Brown’s tract in Herkimer county,” under an act of the legislature passed April 14, 1865.

A motion is also made on the part of the respondents to quash the certiorari, on the ground that the relator has no such interest in the question as to entitle him to sue out and maintain the writ. Both are heard together. The writ was granted ex parte on the affidavit of the relator, and the motion to quash is founded upon…