Eble v. State ex rel. Bond

Citations

• 77 Kan. 179
• 93 P. 803
• 1908 Kan. LEXIS 240

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Enjoining Obstruction — Authority of County. Attorney. The county attorney has power to bring a suit in the name of the state to enjoin obstructions to travel upon a public highway without authority from the board of county commissioners and notwithstanding the disinclination or refusal of the local highway officers to move in the matter.</p> <p>2. -Proceedings to Open — Validity of Bond. A bond given at the institution of proceedings to open a road under the law of 1868 is not void because signed by one petitioner, as principal, and by a single surety, who is also a petitioner.</p> <p>3. - Discontinuance of Use of Opened Road — Limitation of Time to Open. The statute vacating roads and barring authority for opening róads which have remained unopened for seven years after orders have been made or authority has been granted for opening them does not apply to a discontinuance of use after a road has been opened.</p> <p>4. - Adverse Possession — Continuing Nuisance — Acquiescence — Abatement. A private individual cannot obtain title to a public highway by adverse possession. Lapse of time will not bar the remedies of the state against encroachments upon a highway. An obstruction to the public use of a highway is a continuing nuisance, and no equities in favor of a person committing such a nuisance can be founded upon the acquiescence of the highway or other officials or upon their laches in taking steps to punish or abate it.</p> <p>5. Practice, Supreme Court — Immaterial Error — Findings of Fact and Conclusions of Law. It must appear that the denial of a request upon the trial court to state findings of fact and conclusions of law separately has prejudiced the substantial rights of the party making the request before a judgment will be reversed because of such denial.</p>