
    People ex rel. Miller v. Comes et al., referees.
    
      Highways — laying out through dooryard.
    
    After highway commissioners laid out a road through the lands of M., without his consent, M. extended his dooryard so as to embrace a portion of the land included in the road. The yard was of sufficient size without including that part taken for the road. Held, that the road was not laid out in violation of the statute forbidding the laying out of a road through “ any buildings * * * or any yards or inclosures, necessary to the use or enjoyment thereof without the consent of the owner.” (1 R. S. 514, § 57.) Lansing v. Oaswell, 4 Paige, 523.
    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 proceedings were instituted upon the relation of Henry Miller against James E. Comes, and others, the referees in question.
    
      B. F. Chapman, for relator.
    
      M. J. Shoecraft, for respondents.
   Miller, P. J.

The only point of importance passed upon in the opinion is stated in the head-note, and a publication of the opinion at length does not seem necessary.

Proceedings affirmed.  