State v. Doane

By the Court,

Dixon, C. J.

This action was commenced in a justice’s court to recover a penalty for obstructing a *484highway. The defendant denied the existence of the highway by- answer in writing, in which he alleged that the premises in question were his own close, land and freehold, and in his actual possession, and that there was no highway open or running across or over the same, or any part thereof. He filed the necessary bond, and the justice certified and returned the cause to the circuit court. Upon being reached in its order for trial, the circuit court refused to entertain the cause,…