Town of Wayne v. Caldwell

Citations

• 1 S.D. 483
• 47 N.W. 547
• 1891 S.D. LEXIS 52

Syllabus

<p>1. When judicial tribunals have no jurisdiction of the subject matter on which they assume to act, their proceedings are absolutely void; but, when they have jurisdiction of the subject matter, irregularities or illegality in their proceedings does not render them absolutely void, though they may be avoided by timely and proper objection.</p> <p>2. A court which is competent by its constitution to decide on its jurisdiction in a given case can determine that question at any time in the proceedings of the cause, whenever that fact is made to appear to its satisiaction, either before or after judgment.</p> <p>3. The altering and laying out of roads for the use of the public is taking private property for pubic use, and every substantial requirement of the statute must be complied with by the supervisors of the town; otherwise their proceedings will be void.</p> <p>4. The statutory requirements which pertain to private individuals alone, as to the manner of procedure, may be waived by the parties interested, but that portion of the statute in which the public have a general interest must be strictly followed in order to make the proceeding valid.</p> <p>5. The survey, and an accurate description of the highway laid out, must be incorporated into an order, and sig'ned by the board, and such order, together with the petition, service of notice and award of damages, must be filed in the office of the town clerk, within five days after its date, and,' if not filed within twenty days, they shall be deemed to have decided ag’ainst such application by operation of law.</p> <p>6. The making and filing of this order is the final culmination of the whole proceeding. Without the order, no conclusion has been arrived at by the board, and the parties are left in the same condition they were in before any proceedings were had in relation to laying out the road in question.</p> <p>(Syllabus by the Court.</p>