Inhabitants of Hyde Park v. Wiggin

We are asked to prohibit the county commissioners of Norfolk County from proceeding further upon a petition representing that public convenience and necessity require Metropolitan Avenue in Hyde Park to be laid out as a highway. The commissioners, one of whom, Morrell, was a resident of Hyde Park, were sitting on May 20, 1890, in an adjourned regular meeting, when this petition was presented. Thereupon Morrell retired from the room and from the deliberations of the board, and he has not either then or afterward acted on the petition. Upon his withdrawal, no one then appearing in oppo*95sition,…