Anthony v. South Kingstown

13 R.I. 129

Opinion

Per Curiam.

We think committeemen appointed under Gen. Stat. R. I. cap. 5'9, § 2, to mark out the highway, having been petitioners for the highway, cannot be regarded as “indifferent men,” and therefore, for that reason alone, the other ground for quashing the- proceeding, even if valid at common law, being untenable under Pub. Laws R. I. cap. 681, § 2, of April 12, 1878, we overrule the exceptions and affirm the judgment of the court below, with costs. Ex parte Hinckley, 8 Me. 146; State v. Delesdernier, 11 Me. 473; Hazard v. Middletown, 12 R. I. 227. Exceptions overruled.