Canaday v. Hull

The opinion of the court was delivered by

Marshall, J.:

Judgment was rendered in favor of the defendants in an action to enjoin them from opening a public highway. The plaintiffs appeal.

The board of county commissioners of Scott county, on a petition signed by fifteen householders of that county, and by one householder of Logan county, established a road in the former county, fifteen or eighteen miles from Scott City. Of the fifteen petitioners from Scott county, eleven lived in Scott City. The petition was first heard on September 4, 1916, which was a legal holiday. (Gen. Stat. 1915, § 5077.)…