In re Niel

This is a motion to vacate an order made liy the County Court of Chautauqua appointing commissioners to ascertain as to the necessity of the laying out of a certain highway in the town of Harmony and the abandonment of a certain other highway in the said town of Harmony, Chautauqua county, N. T. This motion is made by the highway commissioners of the town of Harmony.

Upon the argument two reasons were assigned why the order of the County Court should he vacated. First. That full five days’ notice was not given the commissioners of the *318time and place of the application to the County Court for…