
    Margaret M. Sherman v. William Peterson, Highway Commissioner, and Louis G. Fischer, Clerk, of the Township of Springwells.
    
      Highways — Proceedings to establish — Notice.
    Proceedings to lay out a highway are void as against one not-made a party thereto, nor served with notice, which was not waived by an appearance at the hearing,
    
      Certiorari to review proceedings for laying out a highway.
    Argued April 20, 1892.
    Proceedings quashed May 6, 1892.
    The facts are stated in the opinion.
    
      Sloman, Moore & Duffie, for plaintiff in certiorari.
    
   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.

Long and Montgomery, JJ., concurred. Morse, C. J., did not sit. McGrath, J., took no part in the decision.  