Legal Opinion

Board of County Commissioners v. Patrick

Wyoming Supreme Court

Decided November 3, 1909No. 610PublishedCited by 20 opinions

Error to' the District Court, Sheridan County, Hon. Carroll H. Parmelee, Judge. The action was brought by Algernon S. Patrick against the Board of County Commissioners of Sheridan County, to enjoin the defendant from interfering with a fence built by the plaintiff across a traveled road.

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Error to' the District Court, Sheridan County, Hon. Carroll H. Parmelee, Judge. The action was brought by Algernon S. Patrick against the Board of County Commissioners of Sheridan County, to enjoin the defendant from interfering with a fence built by the plaintiff across a traveled road. The defendant alleged that the road had been used by the public continuously, exclusively, and without interruption, as a public highway, for 20 years; that such use had been open, notorious, peaceable, and adverse to plaintiff and his grantors, and under a claim of rightthat during said time plaintiff and…

1Opinion of the Court

Scott, Justice.

The defendant in error (plaintiff below) brought this action in the District Court of Sheridan County against the plaintiff in error (defendant b.elow) to enjoin the county from interfering with or. removing a fence theretofore constructed by him across a road known as the Soldier Creek road. A temporary injunction was allowed, which upon issue joined and trial thereon was made perpetual. The county brings the case here on error.

It is assigned as error first. That the decision and judgment are contrary to law, and, second, that the decision and judgment are not sustained by…

2Cases cited10 opinions

  1. Schwerdtle v. County of PlacerCalifornia Supreme Court · 1895
  2. O'Connell v. Chicago Terminal Transfer RailroadIllinois Supreme Court · 1900
  3. Jones v. BrightSupreme Court of Alabama · 1903
  4. Watson v. County CommissionersWashington Supreme Court · 1905
  5. Stewart v. . FrinkSupreme Court of North Carolina · 1886

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3Cited by20 opinions

  1. McIntyre v. Board of County CommissionersSupreme Court of Colorado · 2004
  2. Yeager v. ForbesWyoming Supreme Court · 2003
  3. Hatch Bros. v. BlackWyoming Supreme Court · 1917
  4. Nixon v. EdwardsWyoming Supreme Court · 1953
  5. Koontz v. Town of SuperiorWyoming Supreme Court · 1987

15 more not listed; retrieve them via the Exa API.

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