Tench v. Abshire

Citations

• 90 Va. 768
• 19 S.E. 779
• 1894 Va. LEXIS 63

Syllabus

<p>1. Appellate Practice — Evidence not certified — Roads.—On appeal from judgment of circuit court affirming judgment of county court confirming report of viewers in proceedings to open a road, awarding one dollar for the taking of half an acre of land, where the evidence is not certified : held, such will be presumed to be the value of the land taken.</p> <p>2. Hoads — Report of viewers. — Viewers’ report in proceedings to establish a road need not state width and grade of the road, especially where a diagram is returned with the report.</p> <p>3. Idem — Notice to land-owners — Appearance.—Where all parties interested in the establishment of a road are either notified or appear and waive notice, no objection for want of notice can be made. .</p> <p>4. Idem — Location of gates. — Where order establishing road provides that the applicant shall erect and maintain gates at every point at which the road crosses the land owner’s fence, such order is not defective for want of particularity. '</p>