Baldwin v. Herbst
Supreme Court of Iowa
Appeal from Cedar Cwcuit Court. Action at law to recover for a trespass committed by defendant, in throwing down plaintiff’s fences and entering upon his land. There was a verdict for defendant. Plaintiff appeals. The facts of the case are stated in the opinion.
1Opinion of the CourtBeck, J.
I. The plaintiff seeks to recover, in this action, for a trespass committed hy defendant in entering upon his land. The defendant in his answer admits the entry updn the locus in quo hut alleges that it was lawfully done, a *169public highway existing there, upon which defendant was traveling, and that he lawfully removed a fence erected by plaintiff, which was an obstruction to travel upon the highway. The questions in the case all relate to the lawful existence of the highway. It was not established by proceedings authorized by the statute. Its lawful existence, defendant claims, is based upon…
2Cases cited1 opinion
- Brown v. Jefferson CountySupreme Court of Iowa · 1864
3Cited by13 opinions
- Village of Grandville v. JenisonMichigan Supreme Court · 1890
- Dugan v. ZurmuehlenSupreme Court of Iowa · 1927
- South Branch Ranch Co. v. EmeryMichigan Supreme Court · 1916
- Small v. BinfordIndiana Court of Appeals · 1908
- McAllister v. PickupSupreme Court of Iowa · 1891
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