Welton v. Dickson
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Hall, J. The opinion contains a statement of the ease. The county commissioners have exclusive original jurisdiction in laying out and establishing roads. In this class of cases the board acts judicially. It is discretionary with it to grant or refuse the relief asked. The only way its final orders in such cases can be attacked is by review.
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Appeal from the district court of Lancaster county. Heard below before Hall, J. The opinion contains a statement of the ease. The county commissioners have exclusive original jurisdiction in laying out and establishing roads. In this class of cases the board acts judicially. It is discretionary with it to grant or refuse the relief asked. The only way its final orders in such cases can be attacked is by review. (State v. Clary, 25 Neb., 403; Stale v. Palmer, 18 Neb., 644.) There being an adequate remedy at law, chancery will not interfere. {Brown v. Otoe County, 6 Neb., Ill; Clark v, Dayton,…
1Opinion of the Court
Ragan, C.
Chapter 78, Compiled Statutes of 1893, provides:
“ Sec. 47. When the lands of any person shall be surrounded or enclosed, or be shut out and cut off from a *772public highway by the lands of any other person or persons, who refuse to allow such person a private road to pass to or from his or her said land, it shall be the duty of the county board, on petition of any person whose land is so surrounded or shut out, to appoint three disinterested freeholders of the precinct or township, in counties under township organization, in which the land lies, as commissioners to view and mark out a…
2Cases cited12 opinions
- Watson v. SutherlandSupreme Court of the United States · 1867
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Bankhead v. BrownSupreme Court of Iowa · 1868
- Denham v. County CommissionersMassachusetts Supreme Judicial Court · 1871
- Dickey v. TennisonSupreme Court of Missouri · 1858
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- In Re Opening a Private Road for the Benefit of O'ReillySupreme Court of Pennsylvania · 2010
- Chesapeake Stone Co. v. MorelandCourt of Appeals of Kentucky · 1907
- Bradford v. MoseleyTexas Commission of Appeals · 1920
- Paxton & Hershey Irrigating Canal & Land Co. v. Farmers & Merchants Irrigation & Land Co.Nebraska Supreme Court · 1895
15 more not listed; retrieve them via the Exa API.