State v. Parker
Supreme Court of New Jersey
On certiorari to the Court of Common Pleas of the county of Monmouth. The writ in this case issued to the Court of Common Pleas of the county of Monmouth, to bring up for review a matter of road, wherein, on the return of four surveyors laying out the road, there was an omission to assess damages to the owners for lands taken in the laying of the road, and the assessment of damages to others whose lands were not taken.
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On certiorari to the Court of Common Pleas of the county of Monmouth. The writ in this case issued to the Court of Common Pleas of the county of Monmouth, to bring up for review a matter of road, wherein, on the return of four surveyors laying out the road, there was an omission to assess damages to the owners for lands taken in the laying of the road, and the assessment of damages to others whose lands were not taken. On proper proceedings had in the Court of Common Pleas, three surveyors, being the only survivors of those who laid the road, were appointed by the court to correct the return…
1Opinion of the Court
The opinion of the court was delivered by
Knapp, J.
A single legal question is presented by this review. The road was originally laid oiit by four surveyors of the highways. Two of the six appointed by the court did not attend, although the statutory notice was given to them.
The surveyors omitted in their return to assess and award damages to the owners of certain lands taken for the road. This error being clearly amendable under the provisions of the Road law, proper proceedings were instituted before the Monmouth Pleas to amend the return.
*185One of the surveyors of the highways who signed the…
2Cited by2 opinions
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