Legal Opinion · Dissent

Lawrence v. Ewert

South Dakota Supreme Court

Decided January 7, 1908Published

Appeal from Circuit Court, Sully County. Hon. Losing E. Garry, Judge.' Action by Henry J. Lawrence and another against Adolph Ewert and another. From a judgment for plaintiffs and an order denying a new trial, defendants appeal.

1DissentHaney, J.

This action was instituted to restrain the defendants from obstructing certain alleged highways in Sully county. The decision below was in favor of the plaintiffs, judgment was entered perpetually enjoining the defendants from maintaining fences or other obstructions across the public highways upon certain described section lines, and they appealed from the judgment and an order denying their application for a new trial.

It is alleged in the complaint, and found by the court, in substance, that the board of county commissioners at a regular meeting duly and regularly declared the section-lines…

2Cases cited8 opinions

  1. Wells v. Pennington CountySouth Dakota Supreme Court · 1891
  2. Hughes v. MilliganSupreme Court of Kansas · 1889
  3. Quebec Bank v. CarrollSouth Dakota Supreme Court · 1890
  4. Roberts v. ParkerSouth Dakota Supreme Court · 1901
  5. Riverside Township v. NewtonSouth Dakota Supreme Court · 1898

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