
    McPherson v. Leathers.
    Highwaxs. — Appeal.—On an appeal from the county hoard to the Circuit Court, in a proceeding for the location of a highway, the Circuit Court does not take jurisdiction for the correction of errors, hut must try the cause as an original cause, and make a final judgment. The court may either execute its own judgment or send the case down to the county hoard, with directions to execute the judgment.-
    APPEAL from the Morgan Circuit Court.
   Frazer, C. J.

This case originated before the board of commissioners, whore there had' been various proceedings. It was a petition for the establishment of a highway. Leathers, a remonstrant, appealed to the Circuit Court. That court, without trying the cause, mero motu remanded it to the commissioners, with directions to set aside all the proceedings after a certain point and proceed de novo. This was erroneous. In such an appeal, the Circuit Court must try the cause for itself, as an original cause, and it does not take jurisdiction as a court for the correction of errors. It must make a final determination, and it may then either execute its judgment or send the cause down to the commissioners, with directions to- carry the- judgment into effect. 1 C. & H., §§ 86, 87, p. 258.

S. Claypool and F. P. A. Phelps, for appellant.

W. W. Leathers, O. Carter, W. P. Harrison and W. S. Shirley, for appellee.

•The judgment is reversed, with costs, and the cause remanded, &c.  