McDonald v. Payne

J. — McDonald instituted proceedings against Payne and Greene, highway supervisor and township trustee, respectively, to restrain them from opening an alleged public highway through his land. The petition for the highway, and all the proceedings and orders in that connection, are set out with the complaint, to which the court below sustained a demurrer for want of sufficient facts. The only question presented by this appeal is, whether, upon the facts stated in the complaint, the opening of the highway should have been enjoined by the court.

The position of the appellant is, that the…