State v. Logue

This is an action brought by the state to recover the penalty prescribed bjr sec. 1326, R. S. 1818, for obstructing a public highway. The action was tried in the ■court below by the court, a jury trial having been waived ■'by the parties. The only controversy in the case was upon the question whether the locus was a public highway, the *599defendant, by bis answer, having denied the existence of any highway at the place of the alleged obstruction.

After hearing the evidence the learned circuit judge made and filed the following findings of fact and conclusions of law: “That the highway described…