Elliot v. Lewis , 1 A.K. Marsh. 453 ( 1819 )

Judge Owsley

delivered the opinion of the court.

it not appearing, from the record in this case, that the persons appointed to view the way proposed for a road, bad, previously to their entering upon the duties assigned them, been regularly sworn, the order establishing the road, conformable to their report, cannot be sustained.

it must consequently be reversed with cost, the cause remanded, and further proceedings had not inconsistent this opinion.