Trainer v. Lawrence

The petition for certiorari in this case alleged that the proceedings of plaintiffs in error, commissioners of highways of the townships of Fox and Smallwood, establishing a public road on the line between said- towns, are illegal and void because the commissioners did not, within ten days from the date of the meeting at which they decided to grant the prayer of the petition for said road, file the certificate and ask for a jury to assess the damages, as required by Sec. 41, Chap. 121, Rev. Stat., and because the survey of the proposed road, as required by Sec. 36, same act, was not made…