Peck v. Whitney
Court of Appeals of Kentucky
Error to the Barren County Court. Motion. Case 26. Writoferrormay be brought directly to this Court from orders of County Courts establish* lishing roads. The report of viewers appointed to view a way for opening a new road, held defective, in not slating the conveniencies to the public, and inconveniencies to the owner of the soil, and in not extending the view as far as ordered.
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Error to the Barren County Court. Motion. Case 26. Writoferrormay be brought directly to this Court from orders of County Courts establish* lishing roads. The report of viewers appointed to view a way for opening a new road, held defective, in not slating the conveniencies to the public, and inconveniencies to the owner of the soil, and in not extending the view as far as ordered. The County Ct. has no discretion in withholding a writ of ad quod damnum, asked by the owner of the soil over which a road is proposed.
1Opinion of the Court
Judge Breck
delivered the opinion of the Court.
This writ of error is prosecuted to reverse an order of the Barren County Court, establishing a road, on motion of the defendant, running over land of the plaintiff in error. That an appeal or writ of error will lie directly from the County Court, in a case like this, upon a matter oflaio, was settled by this Court, in Casey, &c. vs Myers, (6 Dana, 330.)
The sufficiency of the original order appointing viewers, is the first question presented by the assignment of errors.
The report of viewers appointed to view a way for opening a new road, held…
2Cases cited1 opinion
- Case v. MyersCourt of Appeals of Kentucky · 1838