Gehlenberg v. Hartley

Citations

• 100 Kan. 487
• 165 P. 286
• 1917 Kan. LEXIS 359

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highway — Records of Inferior Tribunals — Collateral Attack. The general rule that silence of the record of a tribunal of inferior jurisdiction on a jurisdictional point is fatal applies in cases of collateral attack to those jurisdictional facts only which the law directs the tribunal to enter upon its record.</p> <p>2. Same — To be sufficient against collateral attack, the recitals of records relating to the establishment of a road need not exhibit technical precision. They should be liberally construed, and however informal, should be upheld whenever enough appears to show with reasonable certainty that the requirements of the law were complied with.</p> <p>3. Highway — Meeting of Vietvers — Valid Service of Notice Shown. Recitals of the journal of the proceedings of the board of county commissioners in establishing a road, and of the road record, considered, and held to show valid service of notice of the meeting of viewers.</p> <p>4. Highway — Report of Viewers, Survey and Plat Recorded — Road Prima Facie Established. Under the provisions of section 6, chapter 108, Laws of 1874, providing that when the viewers' report, the survey and the plat of a road have been recorded pursuant to order of the board of county commissioners, “from thenceforth said road shall be considered a public highway,” the record indicated is prima facie evidence that the road was legally established, and a landowner attacking1 collaterally the existence of the road has the burden of establishing the nonexistence of jurisdictional facts.</p> <p>5. Same — Discrepancies in Road Record — Not Fatal. Discrepancies in the road record regarding the time and place of the meeting of the viewers considered, and held insufficient to impair the prima facie validity of the proceedings.</p> <p>6. Same — Road Lawfully Opened. The evidence considered, and held sufficient to sustain the finding that a road was opened in fact by travel within seven years from the time it