Hale v. Andrews

This suit was commenced by appellee against appellant, before a justice of the peace, to recover the value of one-half of a certain division fence.

The court below rendered judgment for appellee for the value of one-half of the fence, as assessed by the fence viewers, and also for accruing interest thereon, and the costs of the viewers—in all §84.90.

This judgment, in our opinion, was erroneous, and cannot be sustained.

Appellee’s claim is based on the award of the fence viewers, and, inasmuch as their jurisdiction is exceptional and limited, it can only be upheld to the extent it affirmatively…