Shreves v. Gibson

Citations

• 76 Kan. 709
• 92 P. 584
• 1907 Kan. LEXIS 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Delegation of Powers — County Drainage Act. The provision of the county drainage act (Gen. Stat. 1901, §§ 2551-2566) which allows an appeal from the order of the county commissioners requiring a drain to be constructed by the landowners benefited, in consequence of which appeal the final determination of the amount of labor to be performed by each person interested — -in effect the estimate of benefits as a basis for special assessments — is submitted to a jury selected by the probate judge, is not void as an attempt to devolve legislative functions upon a judicial tribunal.</p> <p>2. -Appeal Is in Effect to a Commission Appointed by the Court. Although the proceeding referred to is described in the statute as an appeal to the probate court, and is there spoken of as a “case,” and although the judge is required to make a record of the proceedings of the jury and to make an order in accordance with their report, nevertheless such proceeding is in effect an appeal to a commission to be appointed by the probate judge, and not to the court itself, inasmuch as the court is given no control over the jury’s investigation or decision.</p> <p>3. Appeal Bond — Amount—Validity. Where the statute relating to an appeal bond is silent as to its amount such a bond is not void because the liability thereon is limited to a fixed sum. .</p> <p>4. Notice — Appeal in Drainage Proceedings. Under a statute requiring a written notice of appeal to be given to the county clerk, a notice, otherwise sufficient, which is delivered to the clerk is not rendered void by the fact that it is addressed to the commissioners.</p>