Campbell v. Fogg

— The appellants petitioned for the location and opening of a highway. The appellees, as the record shows, moved to dismiss the report of the viewers. This motion was ovérruled, and such proceedings were had as resulted in an order establishing the highway as prayed. The appellees appealed to the circuit court, and there renewed their motion. The circuit court entered judgment remanding the case to the board of commissioners, with instructions to cause the viewers to correct their report by showing whether the highway would be of public utility, and by requiring them to mark and lay out the…