Fisk v. Town of Havana

This action was originally commenced before a justice of the peace, in the name of the Town of Havana, against Eli C. Fisk, under section 58, chapter 131, Rev. Stat. 1874, to recover a penalty for obstructing a public highway. The defendant appealed from the decision of the justice to the circuit court, where, on a trial before a jury, a judgment was rendered against him for the penalty provided by the statute.

An attempt was made by the commissioners to lay out the road in question in 1871, but the proceedings did not conform to the law then in force. It is not claimed that the road exists by…