Wagner v. Mahrt

Citations

• 32 Wash. 542
• 73 P. 675
• 1903 Wash. LEXIS 453

Syllabus

<p>HIGHWAYS-INJUNCTION AGAINST OPENING VACATED ROAD-SUFFICIENCY OF COMPLAINT.</p> <p>A complaint in an action to restrain a road supervisor from opening a highway through plaintiff’s land states a cause of action, when it sets up that such proposed road had formerly been a highway but had been vacated by the county commissioners and relocated elsewhere, even though there was no allegation showing the consent of the property owners whose lands were taken for the relocation of the road, inasmuch as the presumption of such consent would arise in the absence of a showing to the contrary.</p> <p>SAME —• EVIDENCE OBJECTIONS NOT URGED BELOW.</p> <p>An objection that the admission in evidence of records of the county commissioners was erroneous, on the ground that only certified copies were competent, cannot be urged on appeal when not specified as a ground on the trial.</p> <p>SAME-PRESUMPTIONS AS TO VALIDITY OF PROCEEDINGS.</p> <p>A finding by the court that a petition to the county commissioners for the vacation and relocation of a road was duly and regularly heard and granted raises the presumption that the evidence disclosed that all the necessary steps were taken by the commissioners to give their action validity.</p> <p>APPEAL-FINDINGS OF COURT-REVIEW.</p> <p>Findings of fact and conclusions of law will not be reviewed on appeal when the record fails to show exceptions thereto in the trial court.</p>