People ex rel. Dana v. Robertson

Mason, Justice.

This case comes before the court on a motion for a peremptory mandamus to compel the commissioners of highways to open a road. The jury of freeholders certified the road to be necessary, and commissioners refused to lay the road, and they appealed to the county judge, and he appointed referees, who after hearing the case, reversed the order of the commissioners, and laid out the road, and the defendants must be compelled by the writ of mandamus to open the road, unless the objections to the proceedings show that the order of the referees laying the road is invalid, on account…