Dunstan v. City of Jamestown
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Fisk, J. Action by William Dunstan against the City of Jamestown, Cha les L. Mitchell and John Mahoney to obtain an injunction rest aining defendants from entering upon the lands of plaintiff for the purpose of constructing, working and maintaining a highway upon the course surveyed and marked out by them, and from removing plaintiff’s fences upon the line of such survey and from passing over and across and using the same as a…
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Appeal from District Court, Stutsman County; Fisk, J. Action by William Dunstan against the City of Jamestown, Cha les L. Mitchell and John Mahoney to obtain an injunction rest aining defendants from entering upon the lands of plaintiff for the purpose of constructing, working and maintaining a highway upon the course surveyed and marked out by them, and from removing plaintiff’s fences upon the line of such survey and from passing over and across and using the same as a public highway. Judgment for plaintiff and defendants appeal.
1Opinion of the CourtBartholomew, J.
This action was brought to obtain a permanent injunction restraining the defendants from entering upon the lands of plaintiff for the purpose of working, constructing, or maintaining a highway between certain points. The case involved the question whether or not a highway had been legally established between said points. In June, 1896, the defendants Mitchell and Mahoney — -an alderman and chief of police of the defendant city — entered upon plaintiff’s land, removed his fences, and marked out a highway between said disputed points. The trial resulted in granting the relief prayed, and…
2Cases cited1 opinion
- Warren v. BrownNebraska Supreme Court · 1890
3Cited by3 opinions
- State v. RosenquistNorth Dakota Supreme Court · 1952
- Commonwealth ex rel. State Highway Commission v. KinzieSupreme Court of Virginia · 1936
- Semerad v. Dunn CountyNorth Dakota Supreme Court · 1916