Bounds v. Kirven

Stayton, Associate Justice.

The petitioner in this case, in effect, alleges that a third class road had been legally opened through his land without any compensation therefor being paid or demanded; and that, subsequently, without taking any steps which would be necessary to open a road in the first instance, the county commissioners’ court, against the protest of the plaintiff, and in disregard of his request that his damages be determined as in case of the opening of a new road, made an order declaring the road in question to be of the second class, and directing that all obstructions on it,…