Sherman v. Peterson

51 N.W. 1122, 91 Mich. 480

Opinion

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.