State v. Hogg

Perkins, J. —

Prosecution, based upon section 69, 2 R. S., p. 445, against a supervisor, for failing to keep a certain highway in his road district in repair. The cause originated before a justice of the peace, and went by appeal to the Common Pleas. The latter Court quashed the affidavit and information filed therein, and discharged the defendant. The objections to them were:

1. That the 15th day of September had not-passed when the suit was commenced.

2. That the remedy should have been sought in a suit by the county treasurer against said supervisor, under the 26th section, E. S., vol. 1, p.…