Sweek v. Jorgensen

1. This is an action to recover damages for trespass upon certain premises of the plaintiff. The defendant justifies by showing that he entered upon an established public road running across said premises under the direction and by authority of the road supervisor, and removed certain fencing, for the purpose of opening such road to public travel, and this proceeding challenges the validity of its establishment. The attack is collateral in its nature, and hence our inquiry must necessarily be confined to the question of jurisdiction of the county court in the premises. Bewley v. Graves, 17…