County of Banner v. Young

Spencer, J.. This is a declaratory judgment action brought by the County of. Banner to determine whether a road 2 miles long legally exists. At the close of plaintiff’s evidence the trial court determined the proof to be insufficient to show the existence of a valid public road, and dismissed the action.

The minutes of the meeting of the board of county commissioners of Banner County, Nebraska, for July 2, 1889, state in part as follows: “The following consent roads were established, first road commencing at the South east corner of section 36, tp. 17, R. 54, and running due north 15 miles to…