Nevius v. Reed

Hart, C. J.,

(after stating’ the facts). The road laid out by the county court on the petition of J. H. P. Beed and other persons was opened and laid out on the land of Boy Nevius and others. Viewers were appointed, but no notice, as required by § 5234 of Crawford & Moses’ Digest, was given by the petitioners to Boy Nevius, through whose land said road was proposed to be laid out and established. This fact wás shown by the undisputed evidence in the record, and no attempt was made to prove that the notice required by the statute of the viewers’ meeting, was given or that Nevius waived the…