State v. Bird

The opinion of the court was delivered by

Dixon, J.

This certiorari brings up the proceedings taken on the application of the defendants, made to the Court of *229Common Pleas of Hunterdon county, for the opening of a public road in the township of Union, under the General Road act. The reasons assigned for reversal of these proceedings relate chiefly to the action of the court in the appointment of surveyors to lay out the road. That action is questioned on several grounds—first, that the application was not presented in open court; second, that the court, without any reason, omitted to appoint as…