Commissioners of Decatur County v. Curry

(After stating the foregoing facts.)

It is insisted by counsel for the .plaintiffs, that the ordinary of Decatur County alone has authority to lay out a new public road in that county; and that the county commissioners are without power and jurisdiction to do so. We cannot agree with counsel in this cqntention. It is true that § 640 of the Civil Code of 1910 declares, that, “ on application for any new road, the ordinary shall appoint three road commissioners, residing as near where such road is intended to pass as possible; and if they find it of public utility, they must proceed to mark it…