McLean County v. Rathjen
North Dakota Supreme Court
Appeal from the District Court of McLean County; Honorable J. M. Hanley, Judge. Defendant appeals. To lay out or to re-establish an old highway, a legal petition is necessary and notice of hearing and a proper hearing thereon. Neither can there be a legal highway until the proper order is made and filed establishing it. ■ Laws 1899, §§ 1055, 1056, 1058, 1060, Comp.
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Appeal from the District Court of McLean County; Honorable J. M. Hanley, Judge. Defendant appeals. To lay out or to re-establish an old highway, a legal petition is necessary and notice of hearing and a proper hearing thereon. Neither can there be a legal highway until the proper order is made and filed establishing it. ■ Laws 1899, §§ 1055, 1056, 1058, 1060, Comp. Laws, 1913, § 1929. These are jurisdictional requirements and the county commissioners having failed to comply therewith renders their proceedings entirely void. Semerad v. Dunn County, 35 N. D. 437, 160 N. W. 855; Dunstan v.…
1Opinion of the CourtRobinson, J.
Pursuant to a contract of purchase made in 1890 defendant owns section 33 in township 144 of range 81 in McLean county. The land is adjacent to the banks of the Missouri river and in places along the south and west section lines it is rough and intersected by streams or creeks so that the south and west section lines have not been opened and used as a public highway. Hence, the highway on the south of the east half of the section is a little south of the section line, and from the southwest corner of the southeast quarter, the highway runs north of northwest until it crosses the west line of…
2Cited by1 opinion
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