Zugenbuhler v. Gilliam
Supreme Court of Iowa
Appeal from the Dubuque District Court, The plaintiff alleges tbat he is the owner of the south twenty-five feet and five inches of lot No. 72, in the town of Dubuque, Iowa, and that there is a two story brick building thereon, also owned by him, in which he resides and carries on his business; that the defendants have commenced the erection of a building on the adjacent lot, No. 72 a, on the south of the plaintiff’s lot, and have cut holes in the wall of plaintiff’s…
Read the full summary
Appeal from the Dubuque District Court, The plaintiff alleges tbat he is the owner of the south twenty-five feet and five inches of lot No. 72, in the town of Dubuque, Iowa, and that there is a two story brick building thereon, also owned by him, in which he resides and carries on his business; that the defendants have commenced the erection of a building on the adjacent lot, No. 72 a, on the south of the plaintiff’s lot, and have cut holes in the wall of plaintiff’s building, and were preparing and threatening to use the south wall for the purpose of introducing therein, and supporting…
1Opinion of the CourtWoodward, J.
We have endeavored to take such a view of this cause, as to sustain the plaintiff in court, and in the action as it now stands, without examining it too strictly, give the relief which is finally indicated in this opinion. It is too manifestly an action for a trespass, to permit of its being called a bill in chancery, and dealt with accordingly. Neither can the injunction be sustained, for the want of all ■ those averments which are requisite to an injunction in a case of trespass. Cowles v. Shaw, 2 Iowa, 496. Again, the judge or court trying the cause instead of a jury, has found the…
2Cases cited1 opinion
- Cowles v. ShawSupreme Court of Iowa · 1856
3Cited by6 opinions
- Swift v. CalnanSupreme Court of Iowa · 1897
- Molony v. DixonSupreme Court of Iowa · 1884
- Beggs v. DulingSupreme Court of Iowa · 1897
- Conner v. JoyCourt of Appeals of Texas · 1912
- Pier v. SalotSupreme Court of Iowa · 1907
1 more not listed; retrieve them via the Exa API.