McManus v. McDonough

On the 11th day of July, 1877, the plaintiff in error filed, in the Circuit Court of Marshall County, his petition for a writ of certiorari to the commissioners of highways, to certify to said court the record of certain proceedings had and taken by them to lay out a certain public highway through the lands of the petitioner.

The writ was allowed by the circuit judge, duly issued and served upon the defendants therein.

The record fails to show that any return was ever made to said writ by the defendants, unless the recital contained in the final order of the court can be construed to have the…