
    Weathered v. Bray.
    A motion in arrest of judgment is an affirmance of the verdict.
    It is no answer to a suit for obstructing a highway, that the defendant opened another way through which travel could pass.
    
      Thursday, June 19.
    APPEAL from the Hendricks Circuit Court.
    
      C. C. Nave, for the appellant.
   Per Curiam.

In this case the record does not purport to contain all the evidence. Meeker v. Patty, 6 Ind. 467. And, further, a motion in arrest of judgment was made before the motion for a new trial. The motion in arrest was an affirmance of the verdict. McKinney v. Springer, 6 Ind. R. 453.—Doe v. Clark, id. 466.

It should be mentioned that the defendant offered to prove that he had made another way in which travel could pass; but that was no justification for obstructing the legal highway. A man has not a right to close and open highways according to his own fancy.

The judgment is affirmed with costs.  