Zilesch v. Polk County

The decision of the Circuit Court is not attacked as to the two points decided in favor of the appellants; so there remains only to consider the legality of the location of the highway in the manner that disregards the towns of Dallas and Independence as fixed monuments on the road. This, again, turns upon the construction to be given to subdivision 5 of Section 8, supra, which, if broad enough to confer the power exercised by the commission in changing the route of the highway, ends appellants’ case. Or, if the section last above quoted *664shall be held valid, then, irrespective of any…