Ex parte Sanders

4 Cow. 544

Opinion

Curia.

Clearly the certiorari can have no effect upon the part not embraced in the decision of the Judges. As to this, the commissioners are bound to proceed. Should the determination of the Judges be reversed, non constat that any part of the road would then be discontinued. The necessary effect of the reversal would by no means be to discontinue the whole road; on the contrary, it might result in a confirmation of the whole.

Motion denied.