Town of Audubon v. Hand

This was an action of debt commenced by plaintiff in error against defendant in error in the circuit court of Montgomery county to recover a penalty for the obstruction of an alleged public highway by defendant in error. There was no denial by defendant in error that he had obstructed the alleged public highway by building his fence therein, but his defense was that there was no legal highway at the place where the obstruction was placed. A trial in that court without a jury resulted in a judgment against defendant in error for penalty of three dollars and costs of ■ suit. From that judgment…