Williams v. Turner Tp.

Citations

• 15 S.D. 182
• 87 N.W. 968
• 1901 S.D. LEXIS 105

Syllabus

<p>1. Where the petition for the laying out of a highway called for a road between certain sections, and on the section line, according to the government mounds and pits, and the town board ordered a survey for the line of the road, and the order for the laying out of the highway made the survey and plat a part thereof, the order should not be construed as one for the laying out of a section line road.</p> <p>2. Comp. Laws, § 1324, provides that any one feeling himself aggrieved by any determination or award of damages by the supervisors of any town in laying out any highway within 30 days after the filing of such determination may appeal therefrom. Section 1327 enacts that, if the damages claimed exceed $100, an appeal may be taken to the circuit court, and that such appeal shall bring before such court the propriety of t’he amount of damages and all matters referred to in the notice of appeal, and that the latter shall be submitted to a jury and tried as other appeals, and the jury shall re-assess the damages aforesaid, and make the verdict conform to the facts and justice of the case. Section 1328 provides that when .such determination shall have been reversed the supervisors shall lay out or discontinue the highway in conformity with the decision of the appeal. Section 1325 relative to the powers of justices’ courts on such an appeal, provides that, if on the trial it is deemed necessary that an examination of the road should be had by the jury, the justice may order such examination, and direct the jury to consider the determination of the supervisors, and to make return in writing, which shall be filed in the office of the town clerk, and provides the effect of such decision. Held, that it is apparent from the statutes that, on appeal to the circuit court from a determination of the town board relative to laying out of a highway, a trial de novo should be had on all questions presented by the notice of appeal, and that the circuit court might affirm, modify, r