Miller v. Schrock

MR. JUSTICE BOTTOMLY:

This is an appeal from a judgment of the district court dismissing the complaint of the plaintiffs after general demurrers to the complaint had been sustained.

The facts. The defendant Schrock, and some fifteen other persons, petitioned the county commissioners of Flathead County, Montana, to close that part of Idaho Street as particularly described in plaintiffs’ complaint. After receiving the petition the county commissioners, deeming their jurisdiction over the matter to be within the provisions of sections 32-401 to 32-404, R.C.M. 1947, proceeded to appoint viewers,…