
    THE PEOPLE ex rel. HARVEY MILLER and others, v. JAMES R. COMES and others, Referees.
    Certiorari to review the proceedings of referees, appointed by. the county judge of Madison county, affirming the order of commissioners of highways, laying out a highway.
    The only question discussed by the court, was, whether or not the road was laid out through the barn, court or door-yard of the relator, without his consent, in violation of the ■ statute which declares that no road “ shall be laid out through any buildings, or any fixtures or erections for the purposes of trade or manufactures ; or any yards or in closures necessary to the use and enjoyment thereof, without the consent of the owner.” 
    
    The court, after citing with approval the rule laid down by Chancellor Walworth, in Lansing v. Caswell,  decided that the evidence in the case, was' not sufficient to authorize a reversal of the order of the referees, and affirmed the proceedings.
    
      B. T. Chapman, for the relator.
    
      M. J. Shoeoraft, for the respondent.
    
      
       1 Rev. St., 514, § 57.
    
    
      
       4 Paige, 519-523.
    
   Opinion by Miller, P. J.

Present—Miller, P. J., Boardman and James, JJ.

Proceedings affirmed, with costs.  