Butts v. Board of County Commissioners

The opinion of the court was delivered by

Mahan, P. J. :

John Balsinger, one of. the defendants in error, presented a petition to the board of county conimissioners of Geary county for the establishment of a highway, under the provisions of paragraph 5502 of the General Statutes of 1889 (Gen. Stat. 1897, ch. 154, § 38). Prior to that time the plaintiff' had attempted to proceed under paragraph 5511, but had abandoned the proceedings. The petition was signed by Balsinger only. The board appointed viewers, and had proceeded as far as it had any jurisdic*303tion under tlxe petition by the appointxnent…