Burrows v. Vandevier
Ohio Supreme Court
This was a writ of certiorari addressed to the commissioners of the county of Warren, requiring them to certify their proceedings, upon the application of the defendants, in establishing a county road. The plaintiff in certiorari was a landholder through whose lands the road was established. The application was made to the commissioners on the first Monday of March, 1824, when the usual order of view was made.
Read the full summary
This was a writ of certiorari addressed to the commissioners of the county of Warren, requiring them to certify their proceedings, upon the application of the defendants, in establishing a county road. The plaintiff in certiorari was a landholder through whose lands the road was established. The application was made to the commissioners on the first Monday of March, 1824, when the usual order of view was made. At the June term, 1824, the viewers and surveyor made their report in favor of establishing the road. No objections were made, and upon two readings of the report the commissioners made…
1Opinion of the Court
By the Court :
It is objected that this writ ought to be dismissed, because this is not a case in which the exercise of a sound discretion requires that it should be allowed. It is admitted that the court possess jurisdiction to award it in a case like this; but urged that it ought not to be sustained, because the plaintiff in certiorari had a more easy and expeditious remedy in the court of common pleas. We assent to the justness of this argument, but under existing circumstances we have concluded to sustain the writ in question. As the jurisdiction is conceded, and no rule had been laid down…
2Cited by3 opinions
- Ferris v. BrambleOhio Supreme Court · 1855
- Duncan v. Eagle Rock Gold Mining & Reduction Co.Supreme Court of Colorado · 1910
- Lewis v. LaylinOhio Supreme Court · 1889