Fisher v. Beeker , 1 Brayt. 75 ( 1816 )

UNDER the Statute authorising commissioners to lay out turnpike roads, and to set over old road, if old road, in the opinion of the Select men, may be discontinued ; it was held, if it does not appear from the doings of commissioners, as re-cordad, or from some official act of Select men, in writing, that the Select men had expressed their opinion; the setting over was irregular and void. That the opinion of the Select men could not be shewn by parol.