State ex rel. Sims v. County Commissioners
Nebraska Supreme Court
This was an original application for a mandamus' against the county commissioners of Otoe county, to compel them to draw their warrant upon the treasurer of the county for the sum of $812.36, alleged to be due the relator on account of an award made in his behalf by appraisers appointed to view and assess damages accruing to the relator by reason of the laying out and opening of a public road through his premises in Otoe county.
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This was an original application for a mandamus' against the county commissioners of Otoe county, to compel them to draw their warrant upon the treasurer of the county for the sum of $812.36, alleged to be due the relator on account of an award made in his behalf by appraisers appointed to view and assess damages accruing to the relator by reason of the laying out and opening of a public road through his premises in Otoe county. The application showed substantially that in June, 1875, a petition in due form was presented to the defendant board, asking them to open and lay out a highway…
1Opinion of the CourtMaxwell, J.
A highway may be created by legislative authority, exercised through a municipal corporation authorized by law to open streets, or through the general road law, or by dedication. A dedication is defined to be the act of devoting or giving property for some proper object, in snch manner as to conclude the owner. It may be made by parol, and may be presumed from lapse of time.
Section nineteen of the general road law provides that: “"Whenever the inhabitants in any county desire the opening of a new road, or the discontinuance or change of any road heretofore established, they shall give at…
2Cases cited1 opinion
- Robinson v. MathwickNebraska Supreme Court · 1876
3Cited by10 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Minard v. Douglas CountyOregon Supreme Court · 1881
- Hull v. Chicago Burlington & Quincy RailroadNebraska Supreme Court · 1887
- Johnson v. Town of ClontarfSupreme Court of Minnesota · 1906
- Dutton v. State ex rel. PankoninNebraska Supreme Court · 1894
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