Alton v. Meeuwenberg

Plaintiffs sued defendant in justice’s court for an alleged trespass committed by him upon land of which they claimed to be in the exclusive possession. The 'acts which were claimed to be trespasses were the setting of stakes and the digging of ditches. The defendant pleaded the general issue, and gave notice that the land where the alleged trespass was committed “is, and at the time the said injuries were supposed to have been committed was, a public highway, * * * legally laid out, established, and used as such;” that the defendant was commissioner of highways; and that what was done, was…