State ex rel. Schroeder v. Superior Court of Adams County
| Decision Date | 03 July 1902 |
| Citation | 69 P. 366,29 Wash. 1 |
| Parties | STATE ex rel. SCHROEDER et al. v. SUPERIOR COURT OF ADAMS COUNTY. |
| Court | Washington Supreme Court |
Original application for writ of review by the state, on the relation of Albert Schroeder and others, against the superior court of Adams county. Writ denied.
This is an application for a writ of review. The affidavit and petition show that on the 2d day of February, 1900, John Schmidt and others presented to the board of county commissioners of Adams county a petition in writing praying for the establishment and laying out of a county road upon a certain route described therein; that thereafter said John Schmidt filed with the board his bond as required by law, and the board thereupon ordered a survey to be made by the county surveyor and appointed three viewers to view said proposed road and report to the board; that on the 3d of July, 1900, the county surveyor and the viewers filed with the board a plat showing the proposed route of the road, and report thereon, in which report the viewers recommended that the road be established according to the plat thereof filed by the county surveyor that thereupon the board fixed the 4th day of October, 1900 as the day for hearing said petition and the report of the viewers, and that thereafter the board of county commissioners proceeded to hear the viewers' report and the said petition, and to hear evidence for and against said petition and report, and after hearing said evidence the board found that said road should be established as prayed for with the exception of a slight variation; that the board then determined that said proposed road was a public use and benefit, and for the public use and convenience; that the board then made an order directing that said road be opened in accordance with the surveyor's plat and field notes filed therein, and the board then and there awarded damages to the various landowners over which said road would pass except those who had waived their claims thereto, and the board fixed the damages to the relators at $65, and this amount was thereafter tendered to the relators, and the same was refused. The road proposed and ordered laid out and established runs through, across, and over and onto the lands of the relators, as described in the petition for the laying out of the road. Thereafter, after the refusal by the relators to accept said damages, the board ordered and directed the county attorney to institute, in the name of the county, condemnation proceedings as provided by law for the taking of private property for a public use. Thereafter the county attorney filed in the superior court of Adams county a petition for such purpose, wherein Adams county is plaintiff and the relators are defendants. The relators were served with process as required by law, and thereafter the case came on to be heard before the court, and was called for trial. Thereupon the defendants requested the court to hear and determine the question of public utility and necessity before a jury be called to assess the damages to the relators. The judge of the court thereupon, upon his own motion, made and entered the following order: 'This cause came on regularly this day for trial, C. L. Holcomb, prosecuting attorney for said Adams county, appearing for the petitioner, and W. W. Zent for the defendants, and at the time the case was called for trial, and before the jury was impaneled to try said cause, the defendants offered to prove that the road petitioned for was not one of general utility, and objected to the impaneling of a jury until the court should first hear testimony and decide whether or not said road was one of general utility and necessity, and ought to be established; but the court ruled that the decision of...
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State ex rel. York v. Board of Com'rs of Walla Walla County
... ... BOARD OF COM'RS OF WALLA WALLA COUNTY et al. No. 30196. Supreme Court of Washington September 16, 1947 ... Department ... [28 ... Wn.2d 894] Appeal from Superior Court, Walla Walla County; B ... B. Horrigan, judge ... 140, § 122. See State ex rel. Schroeder v. Superior ... Court, 29 Wash. 1, 69 P. 366 ... ...
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