Kothe v. Board of Sup'rs

Citations

• 19 S.D. 427
• 103 N.W. 657
• 1905 S.D. LEXIS 61

Syllabus

<p>1. Bev. Pol. Code, § 1707, provides that a petition for the laying out of a road shall contain the names of the owners of the lands, if known, over which the road is to pass. A petition for a road did not contain the name of plaintiff, who owned the land, but named her husband, who exercised acts of ownership over it, leased it in his own name, and received the rents, and plaintiff permitted her husband to represent her before the board of supervisors in the proceedings for the laying out of the road. Held, that the husband having been named in the petition, and proper notice served on him, the failure to name the wife and to serve her with notice was not a jurisdictional defect.</p> <p>2. Rev. Pol. Code, $ 1707, providing for the laying out of a highway on the petition of a specified number of voters owning real estate, within one mile of the road, means one mile in a direct line, and not by the usual route of travel.</p> <p>3. Where a petition for the establishment of a highway showed its course in a southwest direction, and partially in a southeast direction, and the order described it as “running-thence in a general westerly direction,” there was no variance affecting the order.</p>