Welch v. Shipman

Plaintiff (appellant) commenced this cause in the county court of Lawrence County to establish a private road over the lands of defendant and along the way of an old road. The proceedings in the county court resulted in the establishment of the road, not where plaintiff asked, but at a place apparently satisfactory to him. Defendant appealed to the circuit court. The venue was changed to Jasper County; there the parties stipulated that the court first try the issue of the necessity of the proposed private road, and if found that the road was a necessity, then the amount of damages to…