Township of Whitley v. Linville

Defendant in error was prosecuted before a justice of the peace for obstructing a public highway, and was convicted. On appeal to the circuit court there was a trial, and he was found not guilty. Plaintiff in error then sued out a writ of error from this court to review the proceedings in the circuit court.

The public highway in question runs north and south between the land of defendant in error on the east and that of Lot Luttrell on the west. It has been in existence as a highway for more than twenty years, and for at least that length of time has been fenced on each side by the adjoining…