Johnson v. Peterson

This is an appeal from a judgment of the district court for Valley county restraining the defendant, who is a road overseer in said county, from entering upon plaintiff’s land or opening a public highway along and upon the section line betw'een the northeast quarter of section 26, and the northwest quarter of section 25, in township 17, range 14, until such a time as plaintiff’s damages shall have been ascertained in the manner provided by law for the taking of private property for road purposes. Defendant appeals.

1. Plaintiff asks that the appeal be dismissed because of an alleged settlement…