Wabaunsee County Com'rs v. Bisby

• Decision Date: 08 October 1887
• Citation: 15 P. 241,37 Kan. 253
• Parties: THE BOARD OF COMMISSIONERS OF WABAUNSEE COUNTY v. J. M. BISBY
• Court: Kansas Supreme Court

15 P. 241

37 Kan. 253

THE BOARD OF COMMISSIONERS OF WABAUNSEE COUNTY v. J. M. BISBY

Supreme Court of Kansas

October 8, 1887

Error from Wabaunsee District Court.

APPEAL by Bisby to the district court from the allowance of damages by the county board of Wabaunsee county on account of the establishment of a public road over plaintiff's land. Trial by the court at the March Term, 1885, and judgment for the plaintiff for $ 99.40 damages, and $ 60.65 costs. The County brings the case here.

Judgment affirmed.

W. A Doolittle, county attorney, for plaintiff in error.

H. A Pierce, for defendant in error.

CLOGSTON C. All the Justices concurring.

OPINION

CLOGSTON, C.:

The only errors complained of in this case are: First, that the court erred in refusing to allow the defendant to introduce in evidence the township record, tending to show a location and establishment of a public road through plaintiff's land in 1859; second, the court erred in refusing to admit in evidence the record of the county clerk, tending to show the location of a public road over a part of the plaintiff's land in 1868; and third, that the judgment ought to have been for the defendant below instead of for the plaintiff. The statute under which this appeal was taken is as follows:

"SEC. 7. It shall be the duty of the viewers, at the same time that they make their report of the view, to make also a separate report to the county commissioners in writing, stating the amount of damages, if any, by them assessed, and to whom. They shall also be required to submit with such report the written application on which assessments have been made. All allowances for damages, as provided in this act, shall be subject to revision by said board of county commissioners, and any person feeling himself aggrieved by the award of damages made by the board of county commissioners may appeal from the decision of the said board of county commissioners to the district court, upon the same terms, in the same manner, and with like effect as in appeals from judgments of justices of the peace in civil cases." (Comp. Laws of 1885, ch. 89, § 7.)

Under this provision the only thing that the district court had jurisdiction to hear and determine was, the amount of damages plaintiff was entitled to; nothing else. The location and establishment of the road was final when it was located and established by the board of county commissioners. Then only such...