Payton v. Travis County

McCLENDON, Chief Justice.

Appeal from a final judgment of the county court dismissing an appeal from the county commissioners’ court in a proceeding to establish a public road of the second class over Payton’s (appellant’s) land, and to assess the damages therefor.

The damages assessed by the jury of view, whose report was adopted by the commissioners’ court, was $5. This, Pay-ton declined to accept, and appealed (without bond or notice of appeal) by filing in the county court objections to the award and transcript of the proceedings in the commissioners’, court.

It is conceded that the…