Schade v. Theel

*629The opinion of the court was delivered by

"VALENTINE, J.:

The controversy in this case is, whether or not a certain road in Wabaunsee county is a legal highway or not. It appears that on or about October 2, 1874, a petition for the appointment of viewers to view, lay out and locate a certain public road was presented to the board of county commissioners of Wabaunsee county, and on November 7, 1874, the petition was “taken up and granted,” and three viewers were appointed for the above purpose. It appears that these viewers met at the proper time and place, viewed and located the road, and made…