State Ex Rel. Walker v. Board of Com'rs

This proceeding’ found its way into the district court by application for a writ of certiorari to review the action of the board of county commissioners in ordering a certain road abandoned. In consequence the provisions of section 9836 et seq. relating to such writs must be resorted to in considering what the court must or may do.

Before considering the merits of the questions presented I desire first to point out that in my opinion the appeal does not present some of the questions considered by my associates.

My associates say, first, that the appeal is from a final judgment and, second, that…