Houlton v. Carpenter

The appellee petitioned the board of commissioners of DeKalb county for permission to- change the location, on the appellee’s own land, of a portion of a certain highway known as the Eish creek road. The appellant, owning land through which another portion of the road runs, filed before the board, and afterward on appeal in the court below, an answer denying the-jurisdiction of the board over the subject-matter of the proceeding, and asking its abatement. A demurrer of the appellee to this answer was sustained. The appellant filed a remonstrance, wherein, amongst other things, said Eish creek…