Hedberg v. Dettling

The question presented is whether this action, started May 16th, to restrain defendants from laying out a road as determined by them on January 14, 1928, and which determination was affirmed on March 31st by the reviewing commissioners, their order being filed April 9th, is barred by sub. (2) of sec. 80.34, Stats., which reads :

“The validity of any such order if fair on its face shall not be open to collateral attack, but may be tested by cer-tiorari or other proper action or proceeding brought directly for that purpose at any time within three months after such order is made but not…