The plaintiff began proceedings in the county court of Dallas county to change a public road on another line on his own land under the provisions of section 7918, Revised Statutes 1889.- The county court-granted the change and defendants, as remonstrants, appealed to the circuit court where plaintiff was again successful. Defendants appeal to this court.
Roads and highways: change of road on petitioner’s own land: proof of notice, Among several other points was one of there being no proof in the case of notice having been given of the petitioner’s application for the change. The statute authoriziug the proceedings requires that notice _ , , , „ _ _ shall be given as 121 case oi new roads. In case _ , , of new roads twenty days notice must be given by posting up three written or printed hand
_._. remonstrants. It is suggested that the parties styled “remonstrants” had no standing in court and that their objections should not bo noticed. We are inclined to the opinion that in a proceeding of this kind for the change of a road on one’s own land as provided by section 7818, there is no standing for a remonstrance in the sense provided for in section 7798 which concerns the opening of new roads or the ordinary change of old roads. Rut this does not prevent any one whose interests may be affected from making a contest in the matter. The object in requiring notice is certainly to invite objection, in court, if there is any. We therefore hold the objections to this proceeding were properly permitted to Ije made by the parties interested therein.
It is not necessary to notice other points discussed by counsel since the judgment must be reversed and petition dismissed.