Legal Opinion

Wallowa County v. Wade

Oregon Supreme Court

Decided June 22, 1903PublishedCited by 23 opinions

From Wallowa : Robert Eakin, Judge. Suit by Wallowa County against Aaron Wade to stop the obstructing of a public highway, resulting in a decree as prayed for, from which defendant appeals.

1Opinion of the CourtJustice Bean

This is a suit to enjoin the defendant from obstructing a public highway running through sections 24, 25, and 36 in township 1 south of range 44 east of the Willamette Meridian, in Wallowa County. All of sections 24 and 25, except one forty-acre tract, was unoccupied public land of the United States until 1901, when it was settled upon under the homestead law. The forty-acre tract was taken as a homestead in 1896. Section 36 was school land, belonging to the state, until January, 1901, when the defendant contracted for its purchase. The road in question is a part of a highway from the Town of…

2Cases cited10 opinions

  1. Flint & Pere Marquette Railway Co. v. GordonMichigan Supreme Court · 1879
  2. McRose v. BottyerCalifornia Supreme Court · 1889
  3. Wells v. Pennington CountySouth Dakota Supreme Court · 1891
  4. Streeter v. StalnakerNebraska Supreme Court · 1901
  5. Hanlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884

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3Cited by23 opinions

  1. Sierra Club v. HodelCourt of Appeals for the Tenth Circuit · 1988
  2. Southern Utah Wilderness Alliance v. Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2005
  3. Girves v. Kenai Peninsula BoroughAlaska Supreme Court · 1975
  4. State Land Board v. LeeOregon Supreme Court · 1917
  5. Sprague v. SteadSupreme Court of Colorado · 1914

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