Rice v. Ard

The opinion of the court was delivered by

Mason, J.:

In March, 1914, J. C. Rice brought an action seeking to enjoin the opening of a road which the board of county commissioners had undertaken to establish. A general demurrer to his petition was sustained and he appeals.

In the plaintiff’s argument two grounds are urged for the'granting of the injunction: (1) that the order attempting to establish the road was void because it was made upon condition that certain acts should be *166done by the principal petitioner; and (2) that no sufficient notice has been given to the plaintiff to open the road.

The…