Burget v. Incorporated Town of Greenfield
Supreme Court of Iowa
Appeal from Adair District Court. — Host. J. EL Apple-gate, Judge, AotioN to enjoin the defendant town from removing* disturbing, or in any way interfering with a cement sidewalk constructed along the west side of a certain lot in said town belonging to plaintiff, who is a resident and. property owner of the town; and also to restrain the town* or any of its officers, from removing or in any way injur•, ing any of the shade trees planted along the west side of plaintiff’s…
Read the full summary
Appeal from Adair District Court. — Host. J. EL Apple-gate, Judge, AotioN to enjoin the defendant town from removing* disturbing, or in any way interfering with a cement sidewalk constructed along the west side of a certain lot in said town belonging to plaintiff, who is a resident and. property owner of the town; and also to restrain the town* or any of its officers, from removing or in any way injur•, ing any of the shade trees planted along the west side of plaintiff’s property between the said sidewalk and the curb line of the street. A controversy with reference to an alleged violation…
1Opinion of the CourtMcClain, J.
In a motion submitted with the case appellee asks to have the evidence stricken from the record, because it does not appear from the abstract that i practice-motíonto stnke' such evidence has been preserved, as required by Code, section 3652, in order.to secure a trial de novo on appeal. But it is not necessary to set out such certificate in the abstract, it be*434ing presumed that the proper steps have been taken. Code section 4118. Appellant has furnished a transcript of the certificate of the trial judge, which shows that the proper steps were taken to preserve the evidence, and the motion of…
2Cases cited6 opinions
- Everett v. City of Council BluffsSupreme Court of Iowa · 1877
- Richardson v. City of Webster CitySupreme Court of Iowa · 1900
- Bills v. BelknapSupreme Court of Iowa · 1873
- Blanden v. City of Fort DodgeSupreme Court of Iowa · 1897
- Quinton v. BurtonSupreme Court of Iowa · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Martin v. City of OskaloosaSupreme Court of Iowa · 1905
- Gallaher v. City of JeffersonSupreme Court of Iowa · 1904
- Brush v. Incorporated Town of LiscombSupreme Court of Iowa · 1927
- Converse v. Incorporated Town of Deep RiverSupreme Court of Iowa · 1908
- Bowman v. City of WaverlySupreme Court of Iowa · 1910
3 more not listed; retrieve them via the Exa API.