Hudson v. Voreis

The appellant’s. action was to enjoin appellees from opening a highway through his lands, to his injury, as specifically alleged, and upon the authority alone of an order of the Board of Commissioners of Marshall county, in the following words: “It is ordered by the board that a road be established and opened as prayed for in the petition in this case.’’ The complaint avers that said order is null and void, in that it did not define the width of the road proposed.

The court below sustained a demurrer to the com*643plaint, and the correctness of that ruling is the question here presented for…