Massachusetts Supreme Judicial Court November 7, 1828 (Inhabitants of Boxford v. County Commissioners of Essex)

Wilde J.

afterward drew up the opinion of the Court. Upon the facts stated by the respondents, and which are not controverted, we are of opinion that the petitioners are not entitled to relief; and consequently it is immaterial whether *345the county commissioners or the commissioners of highways have jurisdiction of the subject matter of the petition.