Cristman v. Paul

Earl, County Judge.

This action was brought against the defendants for a neglect of duty, in not repairing a certain highway, in the town of Wilmurt, in consequence of which the plaintiff sustained various damages. The defendants substantially put in issue the existence of the highway, but denied nothing else alleged in the complaint. The issue was joined on the 21st day of July, 1857; and by the consent of the parties, the cause was adjourned to August 1st, on which day the parties again appeared; and the defendants applied on an affidavit of the materiality of an absent witness, for a…