State v. Berry
Supreme Court of Iowa
Appeal from Lee District Court. Indictment and conviction for obstructing a highway. A motion in arrest of judgment being, overruled, the defendant appeals. contended, that § 2759, Code of 1851, was repealed by § 26 of the act concerning roads and highways, passed in 1858; that records of the courts of limited and inferior jurisdiction, must show affirmatively the facts necessary to confer jurisdiction.
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Appeal from Lee District Court. Indictment and conviction for obstructing a highway. A motion in arrest of judgment being, overruled, the defendant appeals. contended, that § 2759, Code of 1851, was repealed by § 26 of the act concerning roads and highways, passed in 1858; that records of the courts of limited and inferior jurisdiction, must show affirmatively the facts necessary to confer jurisdiction. Cooper v. Sun-derland, 3 Iowa 114; Morrow v. Weed, 1 Iowa 77; Wade v. Carpenter, 4 lb. 361; Frazier v. Steenrod, 7 lb. 339. 1. That § 2759, Code of 1851, was not repealed by the act of 1858;…
1Opinion of the Court
BaldwIN, J.—
A demurrer to the indictment presented to the court below the question, whether that portion of § 2759 of the Code, which declares the obstruction of a highway a nuisance, was not repealed by subsequent acts of the legislature. The counsel for appellant, in his argument, claims that § 26 chapter 154 of the acts of the legislature, approved March 28th, 1858, by express terms, as well as by implication, repeals the provisions of the section under which the defendant was indicted. By this section it is made the special duty of supervisors to open and keep in repair, the roads within…
2Cases cited2 opinions
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- State v. McGrewSupreme Court of Iowa · 1860
3Cited by15 opinions
- Robinson v. RippeyIndiana Supreme Court · 1887
- Keyes v. TaitSupreme Court of Iowa · 1865
- Biglow v. RitterSupreme Court of Iowa · 1906
- Larson v. FitzgeraldSupreme Court of Iowa · 1893
- McCollister v. ShueySupreme Court of Iowa · 1868
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