Onken v. Riley

Citations

• 65 Tex. 468
• 1886 Tex. LEXIS 691

Syllabus

<p>1. Public roads—Proceedings to establish—Notice to land owner—Where the owner of land through which the jury of freeholders appointed for the purpose by the commissioners’ court, proposed to lay out a public road, was present when it was so laid out by the jury, and was in attendance upon the court when their action was adopted and confirmed, he will not be heard to object to the road, on the ground that he bad no notice of the proceedings.</p> <p>2. Same—Act of February 5, 1884—The act of February 5, 1884, allowing the jury appointed by the commissioners to lay out a public road, to call to' their assistance in designating such road the services of the county surveyor, is merely directory. It is a method which the jury should pursue, if they can, but if for any reason they cannot, their failure to do so would not vitiate their proceedings, or render illegal or void the action of the commissioners’ court in adopting them.</p>