State v. Beardsley
Supreme Court of Iowa
Appeal from Mahaska District Court. — Host. A. R. Dewey, Judge. The defendant is the owner of about one hundred acres of land, through which flows Skunk river.
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Appeal from Mahaska District Court. — Host. A. R. Dewey, Judge. The defendant is the owner of about one hundred acres of land, through which flows Skunk river. The defendant is now, and has been for some years, maintaining a dam across said river, on his premises, in a way to obstruct the free passage of fish up and down said river; and he has neglected, and still neglects and refuses, to construct and maintain over or across said dam a fishway for the passage of fish Up and down said river. This action is brought to have said dam adjudged a nuisance and have the same abated. The issues…
1Opinion of the CourtGeaNGee, J.
1 2 — I. The action was commenced in September, 1895, by the filing of the petition, signed “Carroll, Lacey, and Preston, attorneys for plaintiff.” The answer was filed October 1, 1895, and one division of it is that “the parties commencing this action ha,ve no right or authority to commence or prosecute this action, that they have no power or authority to represent the state, and that this action can only be prosecuted by the attorney general or other proper state officers.” The point is now urged in argument. It is not doubted that the state is the proper party; the controversy being as to…
2Cases cited7 opinions
- Stone v. MississippiSupreme Court of the United States · 1880
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
- Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808
- Hooker v. CummingsNew York Supreme Court · 1822
- Parker v. PeopleIllinois Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. Lead Industries, Ass'n, Inc.Supreme Court of Rhode Island · 2008
- United States v. ReisenweberCourt of Appeals for the Second Circuit · 1923
- Kilts v. Board of SupervisorsMichigan Supreme Court · 1910
- State v. TowerSupreme Court of Missouri · 1904
- State ex rel. Remley v. MeekSupreme Court of Iowa · 1900
2 more not listed; retrieve them via the Exa API.