Brown v. Barstow
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. J. L. Stevens, Judge. This is an action in equity, by which the plaintiff seeks to enjoin the defendants, the city of Marshalltown and George Barstow, street commissioner, from constructing a crossing over Main street, in said city. A temporary injunction was granted, without notice, at the commencement of this suit. An answer was filed by the said city, and at the same time a motion was filed to dissolve the temporary injunction.
Read the full summary
Appeal from Marshall District Court. — Hon. J. L. Stevens, Judge. This is an action in equity, by which the plaintiff seeks to enjoin the defendants, the city of Marshalltown and George Barstow, street commissioner, from constructing a crossing over Main street, in said city. A temporary injunction was granted, without notice, at the commencement of this suit. An answer was filed by the said city, and at the same time a motion was filed to dissolve the temporary injunction. The motion was supported by affidavits,” and the plaintiff filed cross affidavits. The motion was submitted to the…
1Opinion of the CourtRothrock, J.
The plaintiff resides on the south side of Main street, in Marshalltown. The land upon which his residence is situated consists of three contiguous lots on the corner of Main street and Fourth .avenue. These streets cross each other, but there is a jog or offset, in Fourth avenue. It forms a junction with Main street, on the north side, in such a way that its east line, extended from the north across Main street, intersects the south line of Main street about thirty feet east of the corner of Fourth avenue and Main street, on the south side. As we understand it, neither of said streets is…
2Cases cited4 opinions
- Morrison v. HershireSupreme Court of Iowa · 1871
- City of Burlington v. QuickSupreme Court of Iowa · 1877
- Brewster v. City of DavenportSupreme Court of Iowa · 1879
- Coates v. City of DubuqueSupreme Court of Iowa · 1886
3Cited by1 opinion
- Dewey v. City of Des MoinesSupreme Court of Iowa · 1897