Garner v. Webster County
Garner v. Webster County
Opinion of the Court
delivered the opinion of the court.
The board of supervisors of Webster county, in proceeding to establish a stock law district in that county, were not acting under the constitutional power conferred upon them by sec. 1Y0 of the constitution, but were exercising a merely statutory power under ch. 1Y of the laws of 189Y. Therefore, its record in this respect must be governed by the rules of law applicable to courts of special and limited jurisdiction, and the rule applies that the jurisdictional facts must appear of record and the tribunal must act in conformity with and be controlled by the authority conferred. It is admitted by appellant that the stock law district described in this record is not in accordance with the statute on that subject, as construed by this court in Gore v.
The application must be overruled.
Overruled.
Reference
- Full Case Name
- Chester M. Garner v. Webster County
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Stock Law District. Part of county. Code 1892, §2056; Laws 1894, p. 48; Laws 1897, p. 21. Board of supervisors. Special jurisdiction. The board of supervisors in establishing a stock law district, under code 1892, § 2056, as amended by act of 1894, p. 48, and act of 1897, p. 21, providing' for the enforcement of the stock law in a part of a county, exercises a limited and special jurisdiction. 2. Same. WJien judgment void. Collateral attach. Where the record of the proceedings of the board of supervisors, undertaking to establish a stock law district in a part of the county, shows that the proposed district was shaped contrary to the statute, the proceeding is absolutely void and subject to collateral attack.