Heady v. Vevay, Mt. Sterling & Versailles Turnpike Co.

J.This proceeding was instituted before a justice of the peace, to condemn the right of way over a portion of the appellant's land, to enable the company to construct a branch road. The turnpike company was incorporated by a special act of incorporation. See Local laws of 1850, page 470.

In the justice's court, the appellant demurred to the complaint, and the demurrer was sustained. The appellee appealed to the circuit court, where such demurrer was reiiled and overruled. The appellant then moved the court *119to remand the cause to the justice of the peace for the ascertainment of the damages…