Peak v. Williams
Peak v. Williams
Opinion of the Court
Opinion by
The county court should have sustained the exceptions filed to the report of the viewers. It was their duty to report the conveniences and inconveniences, which would result as well to individuals as to the public, from the opening, alteration or discontinuance of the public road. Inasmuch as. they seemed to think that closing the old road might be some little disadvantage to Williams, and
’ The circuit court properly sustained the exceptions and set aside the judgment of the county court authorizing the proposed change.
The order of the county court was final. The right of appellant to have the change was established, and the exercise of the right was merely postponed till he should comply with the conditions annexed. Williams could offer no further resistance in the county court, hence he had the right to appeal. He had a direct interest in the question and could prosecute the appeal, although the change in the road was wholly on the lands of Peak.
As the order of the circuit court quashing the report of the viewers renders it necessary that the proceeding shall be commenced de novo, the viewers, being now functus oMcio, it was not necessary that the case should have been remanded to the county court.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.