Gillespie v. Duling
Indiana Court of Appeals
Prom Grant Circuit Court; II. J. Paulus, Judge. Suit by James M. Gillespie against John M. Duling. Prom a judgment for defendant, plaintiff appeals.
1Opinion of the CourtRoby, C. J.
Suit by appellant to enjoin appellee from fencing up an alleged roadway. A demurrer to the complaint was overruled, and an answer in general denial filed. The case was tried by the court, a finding made for appellee, and judgment rendered against the appellant for costs. The facts established by the evidence are substantially as shown by the map and the following paragraph:
Appellant and appellee are adjoining landowners in Grant county. A public road, known as the “Muncie pike” (A-B), runs diagonally through appellee’s land, to which appellant has no lawful means of ingress or egress other…
2Cases cited38 opinions
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Ross v. ThompsonIndiana Supreme Court · 1881
- Green v. ElliottIndiana Supreme Court · 1882
- Village of Grandville v. JenisonMichigan Supreme Court · 1890
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3Cited by13 opinions
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- Fenley Farms, Inc. v. ClarkIndiana Court of Appeals · 1980
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