11 S.D. 170 | S.D. | 1898
This appeal is from a decree entered in circuit court restraining defendant from further obstructing or interfering with the removal of obstructions placed by himself on a public highway described in an amended complaint,, sufficient, we find, as against all objections now urged for the first time. The record, so far as material, consists measurably of exhibits and files made a part of the court’s findings of fact, showing statutory steps taken in the spring ot 1879 for the location of a public highway, not on section lines, which extends diagonally across appellant’s premises. The necessity, utility, and continuous use of the road by the traveling public for more than 16 years, interrupted by appellant only since the year 1888, is unchallenged: but his counsel confidently maintain that the proceedings for laying out and establishing the highway are wholly void for uncertainty of description. The petition to the board of county commissioners, which, under Section 1206, Comp. Laws, initiates such proceedings, contains the names of over 50 persons, stated therein to be “all the owners and occupants or agents of the land through which said proposed highway shall pass,” together with the follow
Ruled by the elementary proposition that the quasi judicial action of a board having by force of statute and proper procedure acquired jurisdiction of the person and subject matter is not subject to collateral attack, we will proceed to examine certain irregularities which counsel for appellant at this late day deem fatal to the proceedings to locate the road in