In re Pugh

Order reversed, with ■ costs, and proceedings dismissed, with costs. Held, first, *1146that the commissioners appointed by the order of the county court did not have jurisdiction of the subject-matter, because of the failure of the petitioner to allege or state facts in his application to the highway commissioner showing that he was assessable for highway labor in the town in which it is proposed to lay out the new highway; second, because the petition to the county court fails to show that the petitioner was assessable for highway labor in said town, and that the land to be taken for the proposed…