Clark v. Dower

I am unable to concur in the views of my associates. The. parties to this action have put into direct issue, by the special plea and traverse thereof, the private way claimed by the defendant, and the Constitution gives appellate jurisdiction in all controversies concerning roads and ways. None of the decisions of this Court and the Virginia! court, relied upon as denying such jurisdiction, save that of Dickinson v. Mankin, 61 W. Va. 429, passes upon the' exact question, for, in the latter. only, was the question of title put in issue by a plea, and that case is not exactly in point, because…