Carr v. Kolb

Bicknedt,, C. C. —

The appellant brought this suit against the appellee, as superintendent of roads, to restrain hirn by injunction from removing the appellant’s fence. The appellee threatened to remove the fence because it was obstructing a highway; the appellant claimed that the fence was on his own land and not in the highway.

The court tried the cause upon complaint, answer and reply, and found for the defendant, overruled the plaintiff’s motion for a new trial and rendered judgment on the finding. The plaintiff appealed. He assigns as error the overruling of the motion for a new trial. The…