People ex rel. Wells v. Brown

Fish, J.:

The Special Term ordered a peremptory mandamus to the appellant, commanding him as commissioner of highways of the town of JBolton, to proceed according to law to the opening and working of a highway in said town which had been laid out by an order of the referees appointed by the county judge of said county, on the 2d of November, 1883. There had been no jury of freeholders called, nor any certificate of twelve freeholders of the town certifying said highway to be necessary.

On the 8th of June, 1883, the relator and six other residents and freeholders of the town of Bolton presented…