French v. Common Council

1 McGrath 1650, 85 McGrath 135

Opinion

To compel tbe removal of certain obstructions in an alleged highway in respondent village.

Denied February 27, 1891, with costs.

The obstructions, were placed in the street by a third party, a stranger to the record, who claims to own the land therein and who denied the existence of a legal highway.

The court found it difficult to determine upon the petition and return whether or not there is a highway, and as relator has an ample remedy in equity and at law, the writ is denied.