People ex rel. Ayres v. Richards

This is a certiorari to review the proceedings had to lay out an alleged private road over the property of the relators. Various objections are made, and reference will be had to such as are important.

Delators owned and occupied certain premises in the township of Port Austin. On the 13th of April, 1877, Thomas Winsor and Philip Winsor presented to respondent as highway commissioner an unsworn petition requesting him to lay out a private road as therein designated. The application contained no averment of its necessity *215and no statement of facts indicating any reason why the applicants desired…