La Barre v. Bent

The plaintiff, a commissioner of highways, prosecuted the defendant in an action of trespass on the case, commenced in justice’s court by summons, to recover a penalty prescribed by statute (2 Comp. Laws, § 4157) for an obstruction of a highway. A written declaration was filed, followed by a plea of the general issue, with notice denying the existence of the highway, and a claim that the land was owned in fee simple by defendant. Defendant also filed with the justice the statutory bond required where title to land comes in question, who thereupon certified the cause to the circuit court,…