Legal Opinion

Moffitt v. Brainard

Supreme Court of Iowa

Decided October 13, 1894PublishedCited by 15 opinions

Appeal from Keohuk District Court. — Hon. A. B. Dewey, Judge. Action in equity to enjoin the obstruction of a highway. Judgment against plaintiffs for costs, and they appeal.

1Opinion of the CourtKinne, J.

1 I. It appears that plaintiffs own land abutting upon that part of the highway sought to be yacated; that defendant petitioned for the vacation of the highway; a commissioner was appointed, who reported, recommending the vacation, whereupon notice of the hearing by the board of supervisors was given only by publication; that at the date fixed in the notice the board vacated the highway as prayed; that the highway thus vacated was convenient and necessary for the use of plaintiffs and others; that none of them were served with notice, though their ownership of land abutting upon it appeared…

2Cases cited15 opinions

  1. Tiedt v. CarstensenSupreme Court of Iowa · 1883
  2. Snyder v. FosterSupreme Court of Iowa · 1889
  3. Miller v. SchenckSupreme Court of Iowa · 1889
  4. McBurney v. GravesSupreme Court of Iowa · 1885
  5. Smith v. PowellSupreme Court of Iowa · 1880

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3Cited by15 opinions

  1. Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
  2. McLachlan v. Incorporated Town of GraySupreme Court of Iowa · 1898
  3. McCarl v. Clarke CountySupreme Court of Iowa · 1914
  4. Knoxville Ice & Cold Storage Co. v. City of KnoxvilleTennessee Supreme Court · 1925
  5. Sanborn v. Van DuyneSupreme Court of Minnesota · 1903

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