Fitzpatrick v. McGinnis

Opinion of the Court by

Judge Thomas

Reversing.

This is a proceeding instituted by the appellant* (plaintiff) against the appellee (defendant) in the county court of Allen county, for the purpose of opening a private passway of necessity for the benefit of plaintiff across and over the lands of the defendant, as is provided by section 4348 of Carroll’s 1909 edition of the statutes, which section to and including 4356 of that edition is an act of June 23, 1893. Viewers were appointed, as provided by the statute, who made their report, to which the defendant filed exceptions, which were tried by…