Legal Opinion

Heller v. Cahill

Supreme Court of Iowa

Decided April 13, 1908PublishedCited by 8 opinions

Appeal from Sac District Court.— Hon. Z. A. Church, Judge. Action to enjoin defendant Cahill as road supervisor and the county of Sac from opening á public highway, one mile m length, in Sac county. The trial court granted the relief prayed, and defendants appeal.—

1Opinion of the CourtDeemer, J.

It is claimed that the highway in question was duly and legally established by the board of supervisors of defendant county in March of the year 1874. Plaintiff contends that the highway was never legally established, and that, if established, it has been lost to the public by abandonment. The claimed defects in the establishment of the highway are as follows: (1) The board of supervisors did not order the road established in conformity with the commissioner’s report; (2) a surveyor was found to be necessary to assist the commissioner, and such surveyor never filed either plat or field notes…

2Cases cited5 opinions

  1. Weber v. City of Iowa CitySupreme Court of Iowa · 1903
  2. Orr v. O'BrienSupreme Court of Iowa · 1889
  3. Rector v. ChristySupreme Court of Iowa · 1901
  4. Bradley v. Appanoose CountySupreme Court of Iowa · 1898
  5. Hatch v. BarnesSupreme Court of Iowa · 1904

3Cited by8 opinions

  1. Clare v. WoganSupreme Court of Iowa · 1927
  2. Allamakee County v. Collins TrustSupreme Court of Iowa · 1999
  3. Sheridan County v. SpiroWyoming Supreme Court · 1985
  4. Polk County v. BrownSupreme Court of Iowa · 1967
  5. Arthur v. Wright CountySupreme Court of Iowa · 1921

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