Burleigh County v. Rhud
North Dakota Supreme Court
Appeal from the District Court of-Burleigh county; Hon. W. H. Winchester, J. Defendant was permanently enjoined from obstructing a certain alleged, public highway, and appeals.
1Opinion of the CourtBruce, J.
This action was commenced by Burleigh county on July 20, 1910, and seeks to perpetually restrain the defendant, H. C. Rhud, from obstructing a certain trail alleged by the plaintiff to be a public highway. Although the complaint alleges that the highway in question is a public highway, the claim of the plaintiff (Burleigh county) is based upon prescription, merely. A permanent injunction was granted by the trial judge, and an appeal has been taken to this court. The lower court found as findings of fact, “that for more than twenty-two years prior to the year 1909, and up to the commencement…
2Cases cited3 opinions
- Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
- Walcott Township v. SkaugeNorth Dakota Supreme Court · 1897
- Osborne v. LindstromNorth Dakota Supreme Court · 1899
3Cited by15 opinions
- Central Pacific Railway Co. v. Alameda CountySupreme Court of the United States · 1932
- Keidel v. RaskNorth Dakota Supreme Court · 1980
- Barnard Realty Co. v. City of ButteMontana Supreme Court · 1913
- Berger v. BergerNorth Dakota Supreme Court · 1958
- Hennigh v. HennighMontana Supreme Court · 1957
10 more not listed; retrieve them via the Exa API.