Byer v. Town of New Castle

Byer instituted this proceeding for .the purpose of enjoining the town of New Castle from opening a new street over certain real estate owned by him. It is conceded that the record of the board of trustees shows that a proper petition praying for the opening of the street was filed ; that commissioners were duly appointed to assess benefits and damages, and that the commissioners made and filed their report with the town clerk as required by the statute. The record, however, failed to show that the board accepted the report within twenty days, or that any further action was taken by that body…