Washington Ice Co. v. Lay

Appellee instituted this proceeding before the board of county commissioners, under section 5035, R. S. 1881, to have an alleged highway-ascertained, described and entered of record, on the ground that it had been used as such for twenty years. From a decision of the board against them, they appealed to the circuit court. In that court the appellants here moved to dismiss the appeal. The overruling of *50that motion, is assigned as error. The clerk below has inserted in the transcript what purports to be a copy of the motion, but it was not made a part of the record by order of the court, nor is…