Keyes v. Tait
Supreme Court of Iowa
Appeal from Polk District Court. Highway: its existence how established, &g. : Trespass quare clausum fregit. — Answer: In justification that the locus in quo was a public highway, and the defendant, Tait, the road supervisor, and the other defendant his servant working on the highway, and that all they did was necessary to the improvement thereof.
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Appeal from Polk District Court. Highway: its existence how established, &g. : Trespass quare clausum fregit. — Answer: In justification that the locus in quo was a public highway, and the defendant, Tait, the road supervisor, and the other defendant his servant working on the highway, and that all they did was necessary to the improvement thereof. Referred to C. Bates, Esq., as referee, who, upon the evidence, reported that he found in favor of the existence of the highway as claimed by the defendants The report was confirmed, and the plaintiff appeals.
1Opinion of the CourtDillon, J.
'SSy^rerecord! The road in question was laid out under the prior road laws (Laws of 1843, p. 519; act June 19, 1844, 4344, p. 7, Laws of 1844). These -laws not now being in force, we do not deem it essential to enter upon a minute and detailed examination of their meaning, and of the proper mode of proceeding thereunder. It appears from the evidence that a petition was “ filed April 8,1850,” in the commissioners’ court, for the appointment of viewers for the road in question. The statute (Laws 1843, p. 519, § 2) required such petition to be “ signed by at least twelve householders of the…
2Cases cited2 opinions
- State v. BerrySupreme Court of Iowa · 1861
- Arnold v. FlatteryOhio Supreme Court · 1831
3Cited by16 opinions
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Leonard v. SparksSupreme Court of Missouri · 1893
- City of Pella v. ScholteSupreme Court of Iowa · 1868
- State ex rel. Arthurs v. Board of County CommissionersMontana Supreme Court · 1911
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
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