Richardson v. Dybedahl
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Sarah Richardson against Thor S. Dybedahl and others to recover damages for an alleged wrongful and unlawful arrest and imprisonment. From a judgment in favor of plaintiff, defendants appeal. It was error for the trial court to allow plaintiff to make a' collateral attack on the highway laid out by the county commissioners on the line of the Walts survey.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Sarah Richardson against Thor S. Dybedahl and others to recover damages for an alleged wrongful and unlawful arrest and imprisonment. From a judgment in favor of plaintiff, defendants appeal. It was error for the trial court to allow plaintiff to make a' collateral attack on the highway laid out by the county commissioners on the line of the Walts survey. Dana v. Comstock 32 At. 757; Elliott on Roads and Streets, 285. The trial court erred in submitting the question of highway tc the jury. The-trial court…
1Opinion of the CourtHanky, J.
On May 31, 1895, the plaintiff, with her husband and children, occupied a quarter section of land in Burke township, Minnehaha county. Defendant Huston, who has not been served with process in this action, was deputy sheriff. Defendants Berdahl, Dybedahl, and Blow, the appellants, were supervisors of Burke township. On that day the road overseer of that township, appellants, and several other persons came to the northeast corner of plaintiff’s inclosed field and threatened to open and work an alleged *130highway across the north side of such field. On the following day these parties returned,…
2Cases cited4 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Jackson v. BellSouth Dakota Supreme Court · 1894
- Richardson v. HustonSouth Dakota Supreme Court · 1898
- Neys v. TaylorSouth Dakota Supreme Court · 1900
3Cited by11 opinions
- Manuel v. WilkaSouth Dakota Supreme Court · 2000
- Darrow v. SchumacherSouth Dakota Supreme Court · 1993
- Janus v. United States Ex Rel. HumphreyCourt of Appeals for the Ninth Circuit · 1930
- Huntley v. HarbertsSouth Dakota Supreme Court · 1978
- Bowles v. CreasonOregon Supreme Court · 1938
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