Woodworth v. Spirit Mound Township

Citations

• 10 S.D. 504
• 74 N.W. 443
• 1898 S.D. LEXIS 28

Syllabus

<p>1. Comp. Laws, § 1296, requires the petition in proceedings to la.y out a public road to set forth a description of the road, the names of the owners of lands from which it is to pass, its starting and terminal points, and its general course. Held, that the omission in the petition of a description of a school-house site of 1 acre did not deprive the township supervisors of jurisdiction of the subject matter, where such site was included in the description of a 40-acre tract, and the road was so particularly outlined in the petition as to disclose at a glance the lands affected, and the school-district officials consented to its location in conformity with the petition!</p> <p>2. In proceedings to lay out a public road, statutory requirements as to the manner of procedure enacted for the benefit of private individuals only may be waived by the parties interested.</p>