Burntrager v. McDonald

This was a proceeding, by petition, before the board of county commissioners, by McDonald, to change the location of a public highway on his lands.

Burntrager became a party by first objecting to the appointment of viewers, and secondly, by remonstrating. The result before the commissioners was favorable to McDonald. Burntrager appealed to the circuit court, where he moved to dismiss the case, and McDonald moved to dismiss the appeal. Both of these motions were overruled by the court.

Then the county commissioners, who for some reason were named as defendants on the docket, moved the court to…