Peterson v. Hopewell

Harrison, C. J

Tbe plaintiff instituted this action in tbe district court of Burt county and prayed that defendants be restrained from threatened trespasses upon real property, and in the trial court was awarded a judgment for tbe relief asked. The defendants haye prosecuted an error proceeding to this court.

Tbe original petition declared against one of tbe defendants as a road overseer, and ,set forth that past acts and threatened ones bad been, and were to be, done by such party as such officer in the claimed performance of bis duties in and about the opening of a public road and its…