Ogden v. Stokes

*518The opinion of the court was delivered by

HORTON, C. J.:

This was an action for trespass against the road overseer for opening a road on the land of plaintiff. It was tried before a justice of the peace, and afterward appealed to the district court. There the case was submitted upon the following agreed statement of facts:

“At the commissioners’ court of Clay county, Kansas, the board appointed viewers to locate a road in Highland township, in said county and state, over the land of the plaintiff. The record of the said board shows that notice of the time the viewers would meet was given by…