Hoag v. Boehmer

This is an action of trespass guare clausum fregit to recover for removing a certain fence in the township of Lee, Calhoun county. The defendants sought to justify under the claimed statutory authority of the defendant Stultz, a commissioner of highways, to remove the fence as an obstruction of a public highway.

The proceedings, in laying out this road, by said officer, were conceded to be regular, and that question was settled by the recent case of Page v. Boehmer, 154 Mich. 693 (118 N. W. 602). It is also conceded that the fence taken down here covered 240 rods, between lands owned by Page…