Town of Kingston v. Anderson

This is an appeal from a judgment of the county court of DeKalb county dismissing a proceeding inaugurated by Clare B. Wilson to establish and lay out a roadway from his land across the land of appellee, Anderson, to a public highway. On appeal to the county court from the judgment of a justice of the peace assessing the damages for laying out the road the county court dismissed the proceeding for want of jurisdiction in the commissioner of highways to order the road laid out and the damages assessed. The county court held the proceeding was for establishing and laying out a private road,…