Farmer v. Pauley

This was a proceeding, on petition, to lay out and open a public highway, commenced before the Board of Commissioners of Monroe County. Viewers were appointed and reported in favor of the public utility of the road, etc. Upon remonstrance by the appellants, other viewers were appointed, who also reported in favor of the utility of the road, and an order was thereupon made that the road be opened, etc.

The remonstrants appealed to the circuit court, where, among other proceedings, there was a trial by a jury and a verdict that the highway would be of public utility.

A motion for a new trial’,…