State in certiorari v. Inhabitants of Pownal
Supreme Judicial Court of Maine
In this case the record of the Court of Sessions for this County being brought up on certiorari, it appeared that, on the 1st Tuesday of June, 1828, certain inhabitants of the town of Pownal petitioned said Court to lay out a road in said town. The petition ran thus ; “ The subscribers, inhabitants of the “ town of Pownal are desirous of having the following road “ located in said town, namely, beginning,” &c. &c.
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In this case the record of the Court of Sessions for this County being brought up on certiorari, it appeared that, on the 1st Tuesday of June, 1828, certain inhabitants of the town of Pownal petitioned said Court to lay out a road in said town. The petition ran thus ; “ The subscribers, inhabitants of the “ town of Pownal are desirous of having the following road “ located in said town, namely, beginning,” &c. &c. “ That “ your petitioners on the 30th of May, A. D. 1828, requested “ in writing of the Selectmen of said Pownal to lay out said “ road and present and report the same to said…
1Opinion of the Court
The opinion of the Court was delivered at the ensuing May term in Oxford, by
Mellen C. J.
Several objections have been urged in the argument against the proceedings of the Court of Sessions in the location of the road in question. As to all of them, except one, we give no opinion ; this one we consider as sustained, and as fatal. The ninth section of ch. 68, of the revised statutes, provides that the Selectmen of the several towns in this State may lay out town or private ways, for the use of such towns only, or for one or more individuals thereof or pro*26prietors therein ; but that no such town…
2Cited by2 opinions
- State ex rel. Lathrop v. DowlingSupreme Court of Missouri · 1872
- Warchalowski v. BrownSupreme Judicial Court of Maine · 1980