Sherman v. Peterson
Margaret M. Sherman v. William Peterson, Highway Commissioner, and Louis G. Fischer, Clerk, of the Township of Springwells
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Opinion of the Court
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Grant, J.
This is a certiorari to review the proceedings of the respondent commissioner in laying out and opening, a highway over the petitioner’s lands. Several objections are raised to the regularity of the proceedings. Petitioner was not made a party to the proceedings, was-not served with notice, and did not appear at the hearing, and waive her right to notice. For this reason the-proceedings are void.
It is unnecessary to consider the othér objections.
Proceedings must be quashed, with costs to the petitioner.
*481 Long and Montgomery, JJ., concurred. Morse, C. J., did not sit. McGrath, J., took no part in the decision.
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