Barnard v. Haworth

The appellants were the defendants below, and the appellee the plaintiff.

The complaint charges that the defendants with force, &c., broke and entered the plaintiff’s close, and therein committed various trespasses, &c.

The defendants answered — 1. By general denial. 2. Justifying on the ground that the supposed trespasses were done by virtue of an order of the board of commissioners, which authorized the opening, &c., of a private road through the plaintiff’s land. In this defense, the petition upon which the action of the board was founded, and all other proceedings had before the…