Sterling v. Carter

The opinion of the court was delivered by

Johnston, C. J.:

In this action a judgment was rendered enjoining the county commissioners from vacating a highway, from which the defendants appeal.

The highway had been established a few months before, and it appears that the county surveyor was not present to aid the viewers in finding the location of the proposed highway. It was subsequently developed that the road pointed out and viewed by them was not in the location described in the petition and other proceedings. When it was ascertained that as located it passed through ravines and over a broken…