Board of County Commissioners v. Drainage District No. 1

Citations

• 106 Kan. 315
• 187 P. 694
• 1920 Kan. LEXIS 510

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Drainage District Organized — Engineer’s Report Filed — Notice that Objections to Report by County Commissioners were Overruled— Appeal Taken in Time. A drainage district was organized; the report of the engineer was filed; and notice was given of the time to hear objections to that report. Through the attorney for the board of supervisors, the time of the county commissioners to file their objections was extended. Negotiations were then commenced to settle the differences that existed between the board of supervisors and the county commissioners. Finally the board of supervisors notified the county commissioners that their objections had been overruled more than ten days before. The county commissioners perfected their appeal to the district court within ten days after being notified that their objections had been overruled. Held, that the appeal was within time.</p> <p>2. Same — Appeal from Order of Supervisors — Jurisdiction of District Court. On an appeal from an order of the board of supervisors of a drainage district overruling objections filed to the report of the engineer, the district court has jurisdiction to correct the record of the acts of the board of supervisors.</p> <p>3. Same — Trial—Burden of Proof. A judgment of the district court will not be reversed for error in placing the burden of proof, in an action tried without a jury, where each of the parties had ample opportunity to introduce all his evidence.</p> <p>4. Same — Appeal—Jurisdiction of District Court. On such an appeal as is named in paragraphs 1 and 2 of this syllabus, the district court has power to reduce the assessment of benefits and of costs on the land affected by the appeal.</p>