Schmalzer v. Jamnik

Ralph R. Taylor and his wife, Anna M. Taylor, filed a petition for mandamus in the circuit court of Fulton County to compel Francis Wentz, the highway commissioner of Putman Township in said county, to repair a certain road and to enter of record with the town clerk a plat of the road. The owners of land adjoining the road were included as parties defendant. An answer was filed by the highway commissioner and the owners of one of the adjacent tracts, denying that the road was a public road and that the commissioner had any duty to maintain it. The cause was heard by the court, which entered an order finding the issues for the defendants and denying the petition. Plaintiffs appeal. Page 85