
    ANTHONY NEW & al. vs FINIS EWING.
    
      On a writ of error to reverse an order of the Christian county court.
    
    An order establishing a road is de* fective unless it states on whose motion the view was granted, and ■ those summoned thro’ whose land the road passes.
    
      Bibb for plaintiffs, Hardin for defendant in erorr.
    
      20 Oct. 1817.
    
   The Chief Justice

delivered the opinion of the court.

This is a writ of error to an order establishing a road.

The proceedings are defective, and the order, consequently, erroneous; not only because it is not stated on whose application the viewers were appointed, but because those through whose lands the road runs, were not summoned as the law requires, prior to making the order establishing the road.

Order reversed with costs.  