Smith v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C. J.:

In this action James M. Smith sought to enjoin the board of county commissioners of Reno county from giving effect to an order of the board vacating a township highway. The petition presented by the plaintiff was attacked by a general demurrer which the court sustained, and from the ruling plaintiff appeals.

In his petition he alleged that he is the owner of a tract of land containing seven and one-half acres situated on the highway vacated which is occupied by himself and family as a homestead. He alleged that a petition was presented…