Miller v. Southard
South Dakota Supreme Court
Appeal from Circuit Court, Lincoln County. Hon. Joseph W. Jones, Judge. Action toy William H. Miller, Jr., against Emily Southard and C. B. Kennedy, to permanently enjoin defendants from interfering with or obstructing a right of way easement. From a judgment for plaintiff and from an order denying a new trial, defendants appeal. (i) To point one of the opinion, Appellants cited: Cartwright v. Maplesden, (N. Y.) 53 N. Y. 622; Civ.
Read the full summary
Appeal from Circuit Court, Lincoln County. Hon. Joseph W. Jones, Judge. Action toy William H. Miller, Jr., against Emily Southard and C. B. Kennedy, to permanently enjoin defendants from interfering with or obstructing a right of way easement. From a judgment for plaintiff and from an order denying a new trial, defendants appeal. (i) To point one of the opinion, Appellants cited: Cartwright v. Maplesden, (N. Y.) 53 N. Y. 622; Civ. Code, Sec. 277. (3) To point three of the opinion, Appellants cited: Boston & P. R. Corp et al. v. Dougherty, (Mass.) 28 N. E. 277; Rowe v. Stevens, 53 N. Y. 6211;…
1Opinion of the CourtMcCOY, J.
This suit was instituted to forever restrain and :njoin defendants from; in any manner interfering with or obstructing the free use and enjoyment by plaintiff of a certain alleged private alley, or right of way easement, 10 feet wide and 132)4 feet long, extending' westward from the north end of a certain parcel or lot of land owned by-plaintiff in 'block 13, city of Canton, to the street on the west side of said block. Findings and judgment were in favor of .plaintiff, and defendants appeal.
The defendants duly excepted to all the findings in favor of plaintiff. Among others, the court made…
2Cases cited12 opinions
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Smith v. WornCalifornia Supreme Court · 1892
- King v. MurphyMassachusetts Supreme Judicial Court · 1885
- Jamaica Pond Aqueduct Corp. v. ChandlerMassachusetts Supreme Judicial Court · 1876
- Weaver v. GetzSuperior Court of Pennsylvania · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cleveland v. TinagliaSouth Dakota Supreme Court · 1998
- Stueck v. G. C. Murphy Co.Supreme Court of Connecticut · 1928
- Peterson v. BeckSouth Dakota Supreme Court · 1995
- Shippy v. HollopeterSouth Dakota Supreme Court · 1981
- J.K. Dean, Inc. v. KSD, Inc.South Dakota Supreme Court · 2005
1 more not listed; retrieve them via the Exa API.