Smith v. Laue

Knutson, Justice.

Appeal from an order of the district court.

The only legal issue raised on this appeal is: In a proceeding for the construction of a lateral to a public ditch running into two counties, where the lateral is designed to drain lands lying only in one county, does jurisdiction lie with the district court or with the county board?

Appellants assign as error that the trial court erred in dismissing the *451petition on the grounds that the district court is without jurisdiction to establish a lateral in this proceeding.

The statement of facts as outlined by both parties in their briefs is…