Morris v. Salle
| Decision Date | 07 May 1892 |
| Parties | Morris v. Salle et al. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Christian county.
"Not to be officially reported."
Application of John Salle and others for the opening of a new road. From the judgment of the circuit court, William R. Morris appeals. Reversed.
This is an appeal from a judgment of the circuit court on an appeal from the county court establishing a road. It must be reversed for the following reasons:
1. It does not appear that any notice was given on the application for the opening of this new road.
2. The application fails to state the necessity for the road to enable the appellants or the public to reach the places designated by the statute.
3. The report of the viewers fails to state or give the names of the owners of the land over which the proposed road is to run.
4. The circuit court heard additional testimony on the appeal.
The judgment is therefore reversed, with directions to the circuit court to reverse the judgment of the county court, with a mandate ordering that court to dismiss the proceedings.
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