Burnett v. Swaney

The appellant removed proceedings to lay out a highway to the circuit court by certiorari. *610His grounds of complaint were that proof of service upon him of notice of the meeting to consider the application was not made or filed with the clerk, and that, at the time said proceedings were instituted, another highway, “substantially parallel” with the proposed highway, existed, within a distance of half a mile. The records show that said highway was laid out on the 37th of December, 1894, that the appellant was present and claimed damages, and that no evidence was offered showing the existence of…