Board of County Commissioners v. Ralston

*433The opinion of the court was delivered by

Benson, J.:

The plaintiff is the owner of a life-estate in a farm in Bourbon county in which her son owns the remainder. A petition was presented to the board of county commissioners to lay out a highway across this farm. The proceedings appear to have been regular, except the petitioners’ notice required to be given under the provisions of section 4 of the road law. (Gen. Stat. 1901, § 6019.)

The plaintiff, Malinda Ralston, brought this suit for an injunction to prevent the opening of the road, on the ground that this notice was not given, and this was…