Legal Opinion

Inhabitants of Phillips v. County Commissioners

Supreme Judicial Court of Maine

Decided June 1, 1891PublishedCited by 8 opinions

On exceptions. This was a proceeding on a writ of certiorari, granted on the petition of the inhabitants of Phillips wherein they asked the court to quash the records of the court of county commissioners, for Franklin county, of the location by the commissioners of a highway in said town on petition of Scott Hodgkins and others.

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On exceptions. This was a proceeding on a writ of certiorari, granted on the petition of the inhabitants of Phillips wherein they asked the court to quash the records of the court of county commissioners, for Franklin county, of the location by the commissioners of a highway in said town on petition of Scott Hodgkins and others. The petition for. the writ was dated August 17, 1889, and alleged that the proceedings in laying out the road were not according to the statute, but were defective in several particulars. By an order dated August 21, 1889, the commissioners were directed to appear at…

1Opinion of the CourtVirgin, J.

When an appeal has been taken from the decision of county commissioners in laying out a highway, all objections to their jurisdiction or their otherwise invalid proceedings may be taken when the report of the committee is offered for acceptance in the Supreme Judicial Court. Small v. Pennell, 31 Maine, 267 ; Scarboro’ v. Co. Com. 41 Maine, 605 ; Goodwin v. Co. Com. 60 Maine, 328 ; Hodgdon v. Co. Com. 68 Maine, *543226 ; White v. Co. Com. 70 Maine, 317, 325. And if not then taken no writ of certiorari will be sustained to quash their proceedings. Monaghan v. Longfellow, 82 Maine, 419.

Exceptions…

2Cited by8 opinions

  1. Jamouneau v. HarnerSupreme Court of New Jersey · 1954
  2. Ryerson v. A. E. Bounty Co.Supreme Court of Connecticut · 1928
  3. State ex rel. Engelhard v. WeberSupreme Court of Minnesota · 1905
  4. Stoddard v. Public Utilities CommissionSupreme Judicial Court of Maine · 1941
  5. Clarke's CaseSupreme Court of Pennsylvania · 1930

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