Swales v. Southard

This was a suit before a justice of the peace, by the supervisor of a certain road district, in the name of the trustee of his township, against the appellee, as defendant, for obstructing a certain public highway, to recover a certain penalty provided therefor, in section 24 of “An act providing for the election or appointment of supervisors of highways,” etc., approved March 5th, 1859. 1 R. S. 1876, p. 860.

The complaint charged the obstruction of the highway by the appellee, by his building and maintaining a rail -fence thereon, for the distance of about fifty-five rods, in the centre of…