Shanks v. Pearson

The opinion of the court was delivered by

Johnston, J. :

This case involves the power and duty of a road overseer in repairing, draining and improving highways. The plaintiffs, who owned a farm in Mitchell county, sought to enjoin the road overseer, who was proceeding to' dig a deep ditch in front of their residence and farm. The township trustee was named as a defendant, but,- as he disclaimed any connection with the making of the ditch, the plaintiffs consented that judgment be rendered *169against them for costs, so far as the trustee was concerned, and he went out of the case. The real…