Yankton County v. Klemisch

Citations

• 11 S.D. 170
• 76 N.W. 312
• 1898 S.D. LEXIS 96

Syllabus

<p>1. Under a. statute giving-interested land owners notice'and opportunity to be heard in a proceeding to lay out a highway, both before the board of county commissioners and on appeal, where a collateral attack is made on the proceeding, the jurisdiction of the board to act is the only subject of inquiry.</p> <p>2. Where the proceedings laying out a highway are collaterally assailed, a recital in the petition that the petitioners are freeholders, or reside in the immediate neighborhood, is sufficient, as ag'ainst a contention that the findings of the commissioners do not show that fact, ,in the absence of anything’ to the contrary.</p> <p>3. A description in the petition for a highway, using the expression, “thence northerly on or near the township line to the neighborhood of the quarter section corner between certain sections,” is sufficiently definite to confer jurisdiction, as against a collateral attack by one who acquiesced for years in the existence of the road.</p> <p>4. Under Comp. Laws Dak. T. ‘i 1208. requiring the viewers in a highway proceeding to mpke a report “at the next eiisuing session” of the county commissioners, a petition for a highway may be acted on at an adjourned meeting of the board.</p>