Long v. Billings

The opinion of the court was delivered by

Stiles, J.

An application tó a court for the designation of a way of necessity, as a common law right, would be an equitable proceeding, and on an appeal in such a case, taken in April, 1893, the entire record must have been brought up, as in other equity cases. But the matter before us is not such an application, but rather a special proceeding to appropriate a ‘.‘private way of necessity” as the term is used in the constitution; in other words, it is a condemnation proceeding. In such cases no more of the record need be brought up than in ordinary…