State ex rel. Wilson v. Carlson

Citations

• 104 Kan. 485
• 182 P. 544
• 1919 Kan. LEXIS 296

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highway — Opened Thirty Years — Obstruction of Road — Technical Objections to Record. In an action to enjoin the obstruction of a public road which had been laid out and open for travel more than thirty-years, technical objections to the sufficiency of the record are held insufficient, in a collateral attack, to show lack of jurisdiction in the commissioners.</p> <p>2. Same — Laying Out of Road — Judicial Notice of Nonresidence of Railroad Company. When the road was laid out, the appellant’s land belonged to the Atchison, Topeka and Santa Fe Railroad . Company. The only service of notice to the company was by publication, and there was no finding by the commissioners that the company was a nonresident of the county. Held, that the court will take judicial notice that in 1885 the railroad company was not operating- its railway in Hodge-man county, and was not a resident of the county.</p> <p>3. Same — Road Prima facie Established — Burden of Proof. The opinion in Gehlenberg v. Saline County, 100 Kan. 487, 165 Pac. 286, followed, and held, that the introduction of the record of the report, survey and plat placed the burden upon appellant to show lack of jurisdiction; and further, that the objections raised to the record are not sufficient to overturn the presumption of its validity.</p>