Frizell v. Rogers

This appeal is prosecuted to reverse a decree of the court below enjoining commissioners of highways from ordering the opening of a certain highway.

The order of the commissioners laying out the highway is, as disclosed by the record before us, clearly void, for want of jurisdiction in them to make such an order. It is provided by § 71 of chap. 121, entitled “ Roads and Bridges,” R. Laws of 1871, p. 921, that “ Whenever any such number of freeholders” (that is twelve, residing within three miles of the road to be laid out, § 69), “ determine to petition the commissioners of highways for the…