Kirkhart v. Roberts
Supreme Court of Iowa
Appeal from Van Burén District Court. — Hon. Robert Sloan, Judge. Suit in equity to restrain the defendants from condemning a highway over the plaintiff’s land under the provisions of sections 2028 and 2029 of the Code. A temporary writ of injunction was issued, which was afterwards dissolved, and the plaiptiff appeals.
1Opinion of the CourtSherwin, J.
In January, 1902, the defendant Roberts began proceedings before the board of supervisors of Van Burén county for the establishment of a public road under the provisions of chapter 1, title 8, of the Code. .-lie did not sign the petition therefor, but he was the only person directly interested in having the road established, and in fact prosecuted the proceeding before the board. The matter was contested, and thereafter it was ordered that the road be established upon the condition that the petitioner pay the costs and damages before the 1st of August, 1902. The defendant Roberts appealed…
2Cases cited5 opinions
- Kelly v. Norwich Fire InsuranceSupreme Court of Iowa · 1891
- McNichols v. WilsonSupreme Court of Iowa · 1876
- Sweezey v. StetsonSupreme Court of Iowa · 1885
- Scott v. LutherSupreme Court of Iowa · 1876
- State v. GlassSupreme Court of Iowa · 1875
3Cited by4 opinions
- Snouffer & Ford v. City of TiptonSupreme Court of Iowa · 1911
- McElroy v. HiteSupreme Court of Iowa · 1912
- McKinley v. Lucas CountySupreme Court of Iowa · 1932
- Stewart v. ToddSupreme Court of Iowa · 1919