Town of East Nelson v. Leeds

Mr. Presiding Justice Puterbaugh

delivered the opinion of the court.

This is an action originally brought before a justice of the peace, by the town of Bast Nelson, on the relation of the commissioners of highways of said town, for the recovery from appellee of the statutory penalties for obstructing a public highway and failing to remove the alleged obstruction after notice. The trial in the Circuit Court resulted in a verdict and judgment in favor of the defendant.

The evidence discloses that prior to the bringing of the suit, the commissioners of highways had served a notice in writing upon…