20 Or. 147 | Or. | 1890
— This is an appeal from the judgment of the court below dismissing a writ of review. The original proceeding was an application to the county court to alter or vacate a part of a county road. The facts in substance are these: Some two years ago the resident householders of the locality specified herein undertook to locate and establish a road forty feet in width; that the road was laid out and established, but by some inadvertence the width of the road was not specified in the record, and by operation of law the road became a sixty-foot road instead of a forty-foot road, as the petitioners had intended; that the public travel to be accommodated by such road was limited, part of it being through wood land, and in view of the amount of labor required to keep it in order, and the limited means to do it with, it was thought by those interested that a forty-foot road in width would be sufficient for the public use; that after the road was established, the mistake being discovered, the present application wTas made in due form to the county court to alter or vacate the road as laid out and established by vacating ten feet on each side so as to make the road of a uniform width of forty feet. The county court dismissed the petition on the ground that it had no power or authority to act in the premises. Without further reference, the only question submitted for our determination is, whether the county court is invested with the power or jurisdiction to grant the application and reduce the width of the road as prayed for.
Our statute provides that “all county roads shall be under the supervision of the county court wherein the said road is located; and no county road shall be hereafter established,
It results that there was error and the judgment must be reversed and the cause remanded for such further proceeding as may be proper in the premises.