
    George French and another v. The Highway Commissioners of Springwells.
    
      -Misdirection of Certiorari.— Certiorari to highway commissioners to review notion taken by them in laying out a highway, and which, on appeal to the township board, had been confirmed. Held, that the writ should have been directed to the township board, instead of to the commissioners.
    
      Heard and decided April 9th.
    Motion to quash a writ of certiorari.
    The highway commissioners of Springwells took pro. feedings for laying out a highway, under a petition ■of freeholders, dated August 24th, 1863. A way having been ordered by them to be laid out, the plaintiffs in ■error appealed to the township board, by which the action of the commissioners was confirmed. The writ of certiorari was then sued out, directed to the highway commissioners.
    
      M Y. Swift, and G. S. Swift, for defendants in error,
    ■contended that the writ should have been directed to the township board; and that a decision as to the determination of the highway commissioners would be entirely nugatory, leaving the action of the township board in full force : — Goodrich v. Commissioners, &c., of Lima, 1 Mich. 385 ; Ex parte Mayor of Albany, 23 Wend. 276.
    
    
      
      H. M. Cheever and JO. Bishop contra,
    referred to 11 Me. 473; 35 Me. 373; 30 Me. 302; 26 Me. 406; 23 Me. 9; 37 Me. 558; 9 Met. 423 ; 6 Cush. 306; 8 Pick. 342; 12 Cush. 351; 3 Harrison, 179; 3 Zab. 383 ; 4 Halst. 18; Ibid. 21; 1 Zab. 87; 4 Zab. 736.
   Thb Court

held the point well taken, and- the writ, was quashed.  