Commissioners of Keyport v. Cherry

The opinion of the court was delivered by

Scudder, J.

The writ in this case brings up for review the proceedings of surveyors of highways to lay out a public road in the town of Keyport, including the application, the appointment, the return laying out the road, the map, the assessments of damages to the landowners, and the order of the court for recording the same. The jurisdiction of the Court *418of Common Pleas to proceed, under the General Road law, to lay this road is disputed by the town commissioners, who claim exclusive jurisdiction under their charter. If such power is conferred upon them…