Shurtleff v. Board of County Commissoners

Citations

• 63 Kan. 645
• 66 P. 654
• 1901 Kan. LEXIS 200

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Erroneous Judgment for Damages — Jurisdiction. A mortgage given by H. to S. had been foreclosed, but before sale proceedings to lay out a road over the land had been commenced, and the viewers had received and allowed H.’s claim for his damages to the land occasioned by the location of the road, which claim was allowed by the board of county commissioners. S. did not at any stage of the proceedings file any claim for damages. After the allowance of damages to H. by the commissioners, S. filed his notice of appeal therefrom to the district court and gave bond. Upon the hearing, the county attorney confessed judgment in behalf of S. against the county. Held, that the court did not err in setting aside such judgment upon the motion of the county commissioners, because the same was not only irregularly obtained but was a nullity.</p> <p>2. -Parties — Right of Appeal. Under the statute, only the one aggrieved by a decision of the county commissioners can appeal therefrom, and, as in this case S. was not interested in the amount of damages allowed to H., he could not appeal, and . his attempt so to do conferred no jurisdiction on the district court to hear and determine anything.</p> <p>3. -Confession of Judgment by County Attorney. The county attorney could not confer jurisdiction on the district court by appearing and confessing judgment in favor of S. in such proceeding, for the reason that S. could not appeal; and for the further reason that S., never having filed any claim for damages, had no claim before the court on which it could award judgment.</p>