State ex rel. Sayers v. Manny

Tl.e opinion of the court was delivered by

Mason, J.:

An action was brought in the name of the state, on the relation of the county attorney, to enjoin A. D. Manny’ and another from maintaining fences in a highway. Judgment -was rendered for the plaintiff, and the defendant Manny appeals.

1. The county commissioners undertook to establish the road in question in 1881. The steps taken were characterized by irregularities, but a validating act was passed in 1889. (Laws 1889, ch. 20.) Nothing to the contrary having been specified, the width of the road resulting from these proceedings was limited…