State ex rel. Union Pac. R. Co. v. Bd. of Com'rs of Colfax Cnty.
Decision Date | 17 March 1897 |
Parties | STATE EX REL. UNION PAC. R. CO. v. BOARD OF COM'RS OF COLFAX COUNTY ET AL. |
Court | Nebraska Supreme Court |
In a proceeding to establish a drainage ditch under article 1, c. 89, Comp. St., one of the jurisdictional facts which the county board is required to find and enter upon its journal is whether the line described in the petition for the proposed ditch is the best route for the improvement.
Error to district court, Colfax county; Sullivan, Judge.
Petition by the state, on the relation of the Union Pacific Railroad Company, for a writ of mandamus against the board of county commissioners of Colfax county and others. Judgment for defendants, and plaintiff brings error. Affirmed.J. M. Thurston, W. R. Kelly, and E. P. Smith, for plaintiff in error.
Geo. H. Thomas and E. T. Hodsdon, for defendants in error.
The Union Pacific Railway Company and others presented a petition to the board of county commissioners of Colfax county on April 25, 1892, under article 1, c. 89, Comp. St., praying the location and construction of a drainage ditch over and across the lands of the petitioners. The commissioners entered the following orders on their record relating to said petition:
Subsequently, at an adjourned meeting held on May 9, 1892, the board made and caused to be entered on its journal an order directing the county surveyor to go upon the line described in the petition, and survey, level, and stake the same, and make a report, profile, and plat thereof, and do and perform the other matters and things required by sections 7, 8, and 9 of said article and chapter. The surveyor complied with said order, and filed his report with the county clerk, on June 27, 1892. A date was fixed for a hearing on said report, and notice thereof was given, in accordance with section 10 of said article and chapter. Claims for damages on account of said ditch were duly filed to the amount of $9,093, and at the time so fixed for the hearing the county commissioners convened in session, and then determined that the requisite notice had been given of the hearing and the report; and after listening to the argument of counsel for certain persons who had filed exceptions and objections against the proposed ditch, the board adjourned to meet the next morning, at which time it made and caused to be entered of record the following: ...
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