Emley v. Schimmell

Appellees instituted this action for the vacation of a highway, under §8582, Burns 1926, §36-201, Burns 1933, §8756, Baldwin’s 1934. Viewers were appointed, appellants filed a remonstrance, and reviewers were appointed, and the county commissioners made an order vacating the highway. Appellants ap pealed to the Clinton circuit court, where the case was tried de novo, resulting in judgment for appellees, vacating the highway. This appeal is from that judgment.

Appellants assign as error the overruling of their motion for a new trial, and rely upon the reasons assigned in that motion: (1) The…