Semerad v. Dunn County
North Dakota Supreme Court
Appeal from the District Court of Dunn County, W. C. Crawford, J. Action to restrain the construction and maintenance of a highway. Judgment for defendants. Plaintiff appeals.
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Appeal from the District Court of Dunn County, W. C. Crawford, J. Action to restrain the construction and maintenance of a highway. Judgment for defendants. Plaintiff appeals. Statement of facts by Bruce, J. This is an action for a permanent injunction restraining the county of Dunn, its board of county commissioners, and all of its other officers from entering upon plaintiff’s land for the purpose of constructing or maintaining a highway, and from passing over and across and using same. The appeal is from an order sustaining a demurrer to the complaint and from the judgment entered thereon.…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Counsel for respondent first urges that the attack is a collateral one and upon proceedings which are quasi judicial in their character. He therefore asserts that the remedy of the plaintiff and appellant, if any, was by appeal, and not by injunctional proceedings.
In this contention we believe he would-be correct, provided that the record showed that the proceedings mentioned covered the property now in controversy, and that a definite route was prescribed which should pass thereover.
The portions of the statute which need to be considered here are' as…
2Cases cited8 opinions
- O'Hara Township RoadSupreme Court of Pennsylvania · 1893
- Phipps v. StateIndiana Supreme Court · 1845
- Rud v. Board of County CommissionersSupreme Court of Minnesota · 1896
- Mahoney v. BarberSupreme Court of Minnesota · 1897
- Beck v. BiggersSupreme Court of Arkansas · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kleppe v. Odin TownshipNorth Dakota Supreme Court · 1918
- Huber v. MillerNorth Dakota Supreme Court · 1960
- Mercer County v. SailerNorth Dakota Supreme Court · 1921