People ex rel. Babcock v. Commissioners of Highways

Appeal from a judgment of the Supreme Court, ordering a peremptory mandamus against the defendants, directing them to lay out and open a road in the town of Cherry Valley. The return to the alternative mandamus (which was demurred to) shows that the defendants denied an application to them to lay out a road; their determination was appealed from to the county judge, who appointed referees to hear the appeal, and the referees, after hearing the parties, made a report in which they ordered and adjudged, that the determination of the commissioners refusing to lay out the road should be, and the…