Board of Commissioners v. Kiser

The opinion of the court was delivered by

Brewer, J.:

The action in the court below was an appeal from an order of the plaintiff in error, the board of commissioners of Lyon county, allowing to the defendant in error damages upon the laying-out of a new road. Upon the trial of this appeal, defendant recovered a judgment in the sum of $748. This judgment the county commissioners challenge, and allege three grounds of error. The first is, that upon the trial there was no evidence offered to the jury that a road had been established according to law over defendant’s land. Counsel for the county…