Heery v. Roberts
Supreme Court of Iowa
Appeal from Butler District Court. — C. 0. Kelley, Judge. As we view it, the ultimate question is whether the board of supervisors of the county acted without jurisdiction in vacating an alleged highway. All other questions turn upon that. The trial court held that the action of the board was void, and the plaintiffs appeal.
1Opinion of the CourtSalinger, J.
I. The appellants have constructed a fence across both ends of what they -contend is a road or highway that has been duly vacated. The appellees constitute the board of township trustees of the township in which said alleged vacated road lies, and. propose to deal with said fence as an unlawful obstruction of a highway, taking the position that the order to vacate said road is null *63and void. The trial court held the vacation was a nullity. The plaintiffs seek to restrain the defendant trustees from interfering with said fences or any other obstruction placed by appellants upon or over the…
2Cases cited22 opinions
- Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Lightner v. Board of SupervisorsSupreme Court of Iowa · 1909
- Gilcrest & Co. v. City of Des MoinesSupreme Court of Iowa · 1912
- McCarl v. Clarke CountySupreme Court of Iowa · 1914
17 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Braden v. Board of SupervisorsSupreme Court of Iowa · 1968
- Schiefelbein v. United StatesCourt of Appeals for the Eighth Circuit · 1942
- Magdefrau v. Washington CountySupreme Court of Iowa · 1940
- Braden v. BOARD OF SUPERVISORS OF POTTAWATTAMIE CO.Supreme Court of Iowa · 1968
- Hansell v. MasseySupreme Court of Iowa · 1953
5 more not listed; retrieve them via the Exa API.