Tobel v. City of Lewistown
Montana Supreme Court
Appeal from District Court, Fergus County/ Frank Henry y Judge of the Sixth Judicial District, presiding. Suit by Rudolf Yon Tobel to enjoin the city of Lewistown from taking a portion of plaintiff’s property for street purposes. From a decree for plaintiff and an order denying a new trial,, defendant appeals. “Dedication is the act of devoting or giving property for some proper public object, in such manner as to conclude the owner.” (5 Am. & Eng.
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Appeal from District Court, Fergus County/ Frank Henry y Judge of the Sixth Judicial District, presiding. Suit by Rudolf Yon Tobel to enjoin the city of Lewistown from taking a portion of plaintiff’s property for street purposes. From a decree for plaintiff and an order denying a new trial,, defendant appeals. “Dedication is the act of devoting or giving property for some proper public object, in such manner as to conclude the owner.” (5 Am. & Eng. Ency, of Law, 1st ed., 395.) A road or street which, is a mere cul de sac may be dedicated to the public use in the same manner as a thoroughfare.…
1Opinion of the CourtJustice Holloway
This suit was “brought to obtain an injunction restraining the city of Lewiston from opening or attempting to open a public *231street through certain premises claimed by the plaintiff. The plaintiff alleges that he is, and for more than twenty years last past has been continuously, the owner and in possession of certain lands situated within the corporate limits of the city of Eewistown (then follows a description by metes and bounds); that Third avenue in said city abuts on his property, and that about August 16, 1907, the city, without any right and against the will of the plaintiff, tore down…
2Cases cited7 opinions
- Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
- County of Piatt v. GoodellIllinois Supreme Court · 1880
- Paine Lumber Co. v. City of OshkoshWisconsin Supreme Court · 1895
- Chicago & Northwestern Railway Co. v. People ex rel. City of ElginIllinois Supreme Court · 1878
- Orr v. O'BrienSupreme Court of Iowa · 1889
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3Cited by5 opinions
- Stephens v. ConleyMontana Supreme Court · 1914
- City of Billings v. Pierce Packing Co.Montana Supreme Court · 1945
- Chennault v. SagerMontana Supreme Court · 1980
- Rohrbaugh v. MoklerWyoming Supreme Court · 1920
- City of Jackson v. Merchants Bank & Trust Co.Mississippi Supreme Court · 1916