Hunter v. Burnsville Turnpike Co.

Action by the appellee against the appellant, to recover penalties for refusing to pay toll for travelling on the plaintiff’s road. The action was brought before a justice of the peace, and appealed to the circuit court, where it was tried by the court, resulting in a finding and judgment for the plaintiff, a new trial being denied to the defendant.

There were several paragraphs in the complaint, to which demurrers, for want of sufficient facts, were filed and overruled.

It will be sufficient, for the purposes of the case, to set out one of the paragraphs, as it is conceded by counsel for the…