Pelfry v. Spencer

Opinion op the Court’by

Judge Clay —

Reversing.

This is an appeal from a judgment of the Breathitt circuit court enjoining Boone Pelfry, a road overseer, and J. L. Little, county judge, from proceeding with the prosecution of appellees under warrants pending and threatened for failing to work a public road.

The right to the relief sought is based on the claim that the road which appellees had been warned to work had never been properly established and was not a public road; that Pelfry, the overseer of the road, had procured from the county judge warrants charging them with failure to work the…