Flowers v. Cherry

Mb.. Justice Sizer, Special Judge,

delivered the opinion of the Court.

In this case petition for a private road was filed August 15, 1917, under the provisions of Section 1631 of Shannon’s Code. The County Court entertained the petition and appointed a jury who made a report setting out the road as located by them and fixing damages to the land owners affected. The report was confirmed by an order of the County Court May 18, 1925, and the defendants appealed from the judgment of the County Court to the Circuit Court. In that Court the petitioner moved to dismiss the appeal on the ground that…