Kleppe v. Odin Township
North Dakota Supreme Court
Action to-enjoin the maintenance of a public highway. Appeal from the District Court of McHenry County, Honorable A. G. Burr, Judge. Judgment for defendants. Plaintiff appeals. Statement of facts by Bruce, Ch. J. This is an action to have a certain highway decreed to have been illegally established and not to exist, and to restrain the defendant from in any way entering upon, working, or repairing the same.
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Action to-enjoin the maintenance of a public highway. Appeal from the District Court of McHenry County, Honorable A. G. Burr, Judge. Judgment for defendants. Plaintiff appeals. Statement of facts by Bruce, Ch. J. This is an action to have a certain highway decreed to have been illegally established and not to exist, and to restrain the defendant from in any way entering upon, working, or repairing the same. The defendant asserts the legality of the establishment and has also pleaded estoppel and title by prescription. The trial court found for the defendant township and the plaintiff appeals.…
1Opinion of the Court
Bruce, Ch. J.
(after stating the facts as above). We are satisfied that in this case there is no ground for the interposition of a court of equity and that the learned trial judge properly denied the injunction which was prayed for. The facts in this case are in many respects similar to those under consideration in the case of Rothecker v. Wolhowe, 39 N. D. 96, 166 N. W. 515 and Semerad v. Dunn County, 35 N. D. 437, 160 N. W. 855, and the same statutes are involved. .Although the petition for the highway might have been more specific, we think that under the evidence the description “backbone…
2Cases cited6 opinions
- Crismon v. DeckSupreme Court of Iowa · 1892
- Hall v. MannMichigan Supreme Court · 1898
- Semerad v. Dunn CountyNorth Dakota Supreme Court · 1916
- Ekwortzell v. Blue Grass TownshipNorth Dakota Supreme Court · 1914
- Gibbs v. LarrabeeSupreme Judicial Court of Maine · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Erickson v. EricksonOregon Supreme Court · 1941
- Hubbard v. LibiNorth Dakota Supreme Court · 1975
- Berger v. Morton CountyNorth Dakota Supreme Court · 1928
- Caldwell v. StilesSupreme Court of Oklahoma · 1920
- Swanson v. Employment Security AgencyIdaho Supreme Court · 1959
11 more not listed; retrieve them via the Exa API.