State ex rel. Elting v. Neeley

The opinion of the court was delivered by

Price, J.:

The question in this case concerns the location of a county road.

The action was brought by the state, on the relation of the county attorney, for an order requiring defendants to remove obstructions placed on the alleged legal road; to enjoin defendants from obstructing and interfering with such road and its use, and to quiet title thereto in the state.

Judgment was for defendants and plaintiff — the state — has appealed.

The case was tried upon stipulations of fact — and, highly summarized — the background of the controversy is substantially…