Beatty v. Beethe
Nebraska Supreme Court
Appeal by defendants from a decree rendered in Johnson county district court, Broady, J., presiding, perpetually enjoining them from the opening of a public road between sections 20 and 29, in township 5, range 11 east, in said county.
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Appeal by defendants from a decree rendered in Johnson county district court, Broady, J., presiding, perpetually enjoining them from the opening of a public road between sections 20 and 29, in township 5, range 11 east, in said county. Maxwell’s PI. and Pr., 551. High Injunctions, Sec. 394. Nichols v. Salem, 14 . Gray, 490. New Albany, etc., R. Co. v. Connelly, 7 Ind., 32. Throckmorton v. State, 20 Neb., 653. Tigard v. Moffitt, 13 Id., 56.5. Hopkins v. Keller, 16 Id., 571. Comp. Stat., 1881, Secs. 19 and 26, Ch. 78. Comp. Stat., 1887, Sec. 19, Ch. 78.
1Opinion of the Court
Reese, Ch. J.
This is a suit to enjoin defendants from opening a public road on a section line in Johnson county. It is alleged *211in the petition that no notice was given of the proposed action of the county board in opening the road, and, in .substance, that the proceedings to open the road were void. .It is insisted, upon the part of appellants, that the petition .does not state facts sufficient to constitute a cause of action, ■or entitle them to the relief prayed for. Upon an examination of the petition we do not think this objection can be sustained. It is alleged that no notice of the…
2Cases cited1 opinion
- Robinson v. MathwickNebraska Supreme Court · 1876
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