Evans v. City of Brookings
South Dakota Supreme Court
Appeal from Circuit Court, Brookings County. Hon. Carr G. 'Si-iErwood, Judge. Action by Edgar E. Evans, and another, against the City of Brookings, a municipal corporation, to restrain defendant from removing an obstruction- to an alleged public alley. From a judgment for defendant, and from an order denying a new trial, plaintiffs appeal.
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Appeal from Circuit Court, Brookings County. Hon. Carr G. 'Si-iErwood, Judge. Action by Edgar E. Evans, and another, against the City of Brookings, a municipal corporation, to restrain defendant from removing an obstruction- to an alleged public alley. From a judgment for defendant, and from an order denying a new trial, plaintiffs appeal. (i) To point one of the opinion, Appellants cited: Roche Investment and Realty Co. v. Highlands Co., 29 -S. D. 169, 135 N. W. 684; Sec. 1632 Pol. Code; Investment Co. v. Highlands Co., 29 S. D. 177; Wickre v. Independence Twp., 31 S. D. 623, 141 N;. W.…
1Opinion of the CourtWhiting, P. J.
The plaintiff Edgar F. Evans is the owner of the south 200 feet of lots 3 and 4 of a certain block in the -city *228of Brookings in this state. This block, as originally platted, consisted of four lots, running north and south and numbered from ■west to east, each lot being 400 feet long and 87J2 feet wide. For convenience in explaining the facts of this case, we annex a plat showing the original lots, the redivision of said', lots by cross-lines, and the ownership of the several tracts at time of suit:
At about the year 1900 the lots now owned by Evans were owned by one Jenkins. The north 200…
2Cases cited4 opinions
- City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
- Mayor of Baltimore v. FrickCourt of Appeals of Maryland · 1895
- Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
- Larson v. Chicago, M. & St. P. R'y. Co.South Dakota Supreme Court · 1905
3Cited by17 opinions
- Anderson v. BirkelandSupreme Court of Minnesota · 1949
- Smith v. SponheimSouth Dakota Supreme Court · 1987
- Tinaglia v. IttzesSouth Dakota Supreme Court · 1977
- Haley v. City of Rapid CitySouth Dakota Supreme Court · 1978
- Miller v. ScholtenSouth Dakota Supreme Court · 1979
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