Sherer v. City of Jasper

— The trespass for which appellants sue to-recover damages, consisted in'opening a street over the land described in the comqffaint, by the authorities of the city of Jasper. Defendant justifies on the ground, that plaintiffs had dedicated the street to public use. The bill of exceptions not purporting to set out all the evidence, we would indulge the-presumption, if necessary, that there was testimony to support *531the affirmative charge given by the court in favor of defendant; but no such presumption need be indulged on this appeal. •

The land, contained within the corporate limits of the…