McAllilley v. Horton

The present appeal is from a judgment of the circuit court quashing a writ of certiorari, which had been granted by the judge of that court for the purpose of reviewing the regularity of certain ad quod damnvm proceedings in the probate court of Greene county. The design of these proceedings was to authorize the erection of a mill-dam under the provisions of the statute, as embraced in sections 3555-3579 of the present Code, of 1876.

The appellants became parties in the mode prescribed by section 3576, which required them to make, for this purpose, an affidavit that they were interested, and…