
    DUNCAN AND LOGAN v. FERGUSON, ET AL.
    Township roads — common law — judicial discretion — supervision—writ of error.
    Where the law empowers the Common Pleas to make any order in the case, which they may deem just and reasonable, the order so made cannot, in the nature of things, be examined in another couit. Such is the case as to township roads.
    Wherever the supervisoiy power of a superior has been exercised in a case in an inferior court, it should not be again exercised iu another.
    Application for a writ of error. The papers' exhibited, showed that a petition had been presented for a township road to the trustees. The proceedings were appealed to the Court of Common Pleas — objections there made to the proceedings before the trustees, and their order confirmed.
   By the Court.

Tiie act providing for laying out township roads, (29 O. L. 366) allows an appeal from the trustees to the Court of Common Pleas, and authorizes that court, if in their opinion justice requires it, to order another view of said road, or to make any order which they may deem just and reasonable in, the case. The- giving this appeal to the Common Pleas, is not providing for a case of common law jurisdiction, but for the exercise of a special' power, usually conferred upon commissioners. The case is not, therefore, within our control as a mere court of common law, and we are not required to take jurisdiction. In ordinary cases the removal of any case from the court or tribunal where it originated to a supervisory court, and a decision there should put an end to litigation, and the case not bo subject to the revision of another tribunal. But however that may be in the case before us, we think the power conferred upon the Court of Common Pleas to make any order in the case, which they may deem just and honorable, is conclusive, and the exercise of such a power cannot, in the nature of things, be subjected to the discretion of another tribunal.

The writ of error is refused.  