66 Iowa 314 | Iowa | 1885
That the section applies to the proceedings of the board of supervisors in the establishment of highways is not doubted. We are of opinion, however, that it does not have the effect claimed for it by counsel. Where it is shown that the inferior tribunal had jurisdiction of the parties, the statute undoubtedly raises a presumption in favor of the regularity of all of its proceedings, and where the tribunal determines that the preliminary steps essential to give it jurisdiction have been taken, and makes that determination a matter of record, the statute also raises a presumption in favor of the correctness of the determination. But it has never been held that the section raises a presumption in favor of the jurisdiction 'of the tribunal, in the absence of any determination by it that it had jurisdiction. And it has been frequently held that, in the absence of any recital in the record of the proceedings for the establishment of highways of the service on the land-owner of the notice provided by the statute, no presumption obtains in support of the jurisdiction of the supervisors. State v. Weimer, 64 Iowa, 243; State v. Berry, 12 Id., 58; Alcott v. Acheson, 49 Id., 569. Under the rule of these cases, the records offered in evidence by defendants were properly excluded.
The judgment of the circuit court is
Affirmed.