Gallaher v. Head
Supreme Court of Iowa
Appeal from Greene Circuit Gourt. The principal defendants constitute the board of supervisors of Greene county, to whom a petition was presented for the establishment of a highway. The prayer of the petition was granted.
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Appeal from Greene Circuit Gourt. The principal defendants constitute the board of supervisors of Greene county, to whom a petition was presented for the establishment of a highway. The prayer of the petition was granted. Thereupon the plaintiff obtained a certiorari, for the purpose of testing the legality of the action of the board, upon the ground that the highway which was established over the plaintiff’s land was within the corporate limits of the incorporated town of Jefferson, and therefore the board of supervisors exceeded its jurisdiction. The relief asked was that all the…
1Opinion of the CourtSeevers, J.
It is conceded that the plaintiff owned certain real estate within the corporate limits of the incorporated town of Jefferson, which had not been laid out into blocks and lots, and had not been platted and recorded as such, but was used for agricultural purposes. It is assumed by counsel, and we infer it to be true, that no streets or alleys had been laid out over the plaintiff’s land. The question, therefore, is fairly presented whether, under the statutes of this state, the board of supervisors are authorized to establish highways over territory within the limits of an incorporated town.…
2Cases cited6 opinions
- State v. JonesTexas Supreme Court · 1857
- Common Council v. CroasIndiana Supreme Court · 1855
- McCullom v. Black Hawk CountySupreme Court of Iowa · 1866
- Baldwin v. GreenSupreme Court of Missouri · 1847
- Clark v. Town of EpworthSupreme Court of Iowa · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Aldrich v. PaineSupreme Court of Iowa · 1898
- Board of Commissioners v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1911
- Nelson v. Board of County CommissionersColorado Court of Appeals · 1895
- Philbrick v. Town of University PlaceSupreme Court of Iowa · 1898
- Chicago, Rock Island & Pacific Railway Co. v. MurphySupreme Court of Iowa · 1898
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