Kirchoff v. Board of County Commissioners

The appeal is by the county board of McLeod county from an order denying a motion for a new trial. The case is that of a freeholder petitioning the county board to have his land set off from one school district and attached to another. The county board, after hearing, denied the petition. The petitioner then appealed to the district court, and that court, after trial, reversed the order of the county hoard. The hoard then moved for a new trial and now appeals to this court.

The county board, prosecuting this appeal, as far as the record shows, has no interest in the litigation and is not an…