Legal Opinion

State v. Lane

Supreme Court of Iowa

Decided December 15, 1868PublishedCited by 1 opinion

Appeal from Clayton District Court. The defendant was indicted for obstructing a highway. Plea, not guilty. On the trial, the State offered in evidence two volumes of records: one a “road record,” and the other a “ road, plat, and survey repord ” of Clayton county, and proposed to read to the jury from the first, as follows : “May Term, A. D. 1855. At the May Term of the County Court, 1855, a petition of Orman Dart and others was pi’esented for a road commencing at the…

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Appeal from Clayton District Court. The defendant was indicted for obstructing a highway. Plea, not guilty. On the trial, the State offered in evidence two volumes of records: one a “road record,” and the other a “ road, plat, and survey repord ” of Clayton county, and proposed to read to the jury from the first, as follows : “May Term, A. D. 1855. At the May Term of the County Court, 1855, a petition of Orman Dart and others was pi’esented for a road commencing at the quarter post between sections 23 and 26; thence west to the corner of sections 26 and 27, 22 and 23; thence south-west to the…

1Opinion of the CourtCole, J.

1. Highways: uncertainty in establishment. — The only point presented for our decision, is, as to the admissibility of the two records in evidence. The plat and survey record shows the same _ . beginning and terminus, as the road record shows the petition to ask for; and the line as surveyed shows substantially the same route as petitioned for; the variations from a direct line are but slight and immaterial, and may have been occasioned and required by natural obstacles. The termini are, beyond question, sufficiently certain, under the rule, id cerium est q_uod eertum reddipotest.

2. Evidence:…

2Cases cited1 opinion

  1. Davenport Mutual Savings Fund & Loan Ass'n v. SchmidtSupreme Court of Iowa · 1863

3Cited by1 opinion

  1. Davelaar v. Marion CountySupreme Court of Iowa · 1937

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