Newman v. Bailey

Lovins, Judge:

Charles L. Newman filed his petition in the Circuit Court of Wetzel County, praying for a writ of mandamus to require respondent to institute proceedings in condemnation for the purpose of ascertaining the amount of damages to which petitioner may be entitled as the owner of certain real estate through and over which two public roads have been constructed. The respondent demurred to petition, assigning three grounds in support of his demurrer. The court overruled the demurrer as to one ground but sustained it as to the other two, and, upon joint application of the parties,…