Wickre v. Independence Township
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hon. Frank Mc-Nulty, Judge. Action by FI. O. Widere and others against Independence Township and others, to restrain the opening of a highway. From a judgment for defendants and an order denying a new trial, plaintiffs appeal.
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Appeal from Circuit Court, Day County. Hon. Frank Mc-Nulty, Judge. Action by FI. O. Widere and others against Independence Township and others, to restrain the opening of a highway. From a judgment for defendants and an order denying a new trial, plaintiffs appeal. We contend that the board' of supervisors, under the laws of this state, have no power to act at all relating to the laying out of a public highway until there is presented to- them a petition signed by at least six legal voters who own real. estate or who occupy real estate under the homestead or preemption laws of the United…
1DissentSmith, J.
The material facts appear to be undisputed. In the year 1908 a petition for laying out the alleged highway was presented to the board of supervisors of Independence township. The plaintiffs, Wickre, Nordness, and Erickson, 'were among the six signers of the petition. The supervisors of the township made an order establishing a public highway in accordance with the demand of the petition. It is conceded that plaintiffs were the owners of the land over which the 'highway was-established, and that it extended over no other lands than those belonging severally to plaintiffs. The trial court found…
2Cases cited15 opinions
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