Wells v. Rhodes

This was a proceeding for the location' of a highway, commenced before the board of commissioners of Orange county, and taken thence by appeal to the Orange Circuit Court.

The appellants, Wells, Andrews and Scarlett, appeared before the board, and, without making any objection to the petition or notice, remonstrated against the proceedings, on the ground that the proposed road, if established, would pass over and-greatly injure certain real estate owned by them, and on the further ground that the proposed highway would not be “of sufficient public utility.”

On motion, the remonstrance' was…