Legal Opinion

Taylor v. Austin

Nebraska Supreme Court

Decided February 20, 1909No. 15,482PublishedCited by 6 opinions

Appeal from the district court for Cass county: Pajjl Jessen, Judge.

1Opinion of the Court

Duffie, C.

E. Austin, road overseer of district 59, in Cass county, in December, 1906, served a written notice on the plaintiff that her fence was in the public highway running north and south on the half section line through section 25, township 10, range 13, in Cass county, Nebraska, and directing her .to remove her fence to a line 33 feet west of said half section line. The notice further stated that, unless its terms were complied with on or before the 10th of January, 1907, the overseer would himself proceed to remove the fence. Shortly thereafter this action was commenced to enjoin the…

2Cases cited3 opinions

  1. Krueger v. JenkinsNebraska Supreme Court · 1900
  2. Lydick v. StateNebraska Supreme Court · 1901
  3. Graham v. FlynnNebraska Supreme Court · 1887

3Cited by6 opinions

  1. Lenhart v. WrightSupreme Court of Pennsylvania · 1926
  2. Black v. Southern Pacific Co.California Court of Appeal · 1932
  3. Kritzberger v. Traill CountyNorth Dakota Supreme Court · 1932
  4. Barrett v. HandNebraska Supreme Court · 1954
  5. State, Department of Roads v. Merritt Bros. Sand & Gravel Co.Nebraska Supreme Court · 1966

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