Legal Opinion

Miller v. Kramer

Supreme Court of Iowa

Decided June 16, 1910PublishedCited by 6 opinions

Appeal from Lee District Court. — Hon. Henry Bank, Jr., Judge. Action to enjoin defendant from proceeding under sections 2028, 2029, and 2030 of the Code to establish and lay out a road over plaintiff’s land to reach a public highway. A temporary writ of injunction was granted, and defendant filed an answer and certain amendments thereto, to which plaintiffs filed a general equitable demurrer.

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Appeal from Lee District Court. — Hon. Henry Bank, Jr., Judge. Action to enjoin defendant from proceeding under sections 2028, 2029, and 2030 of the Code to establish and lay out a road over plaintiff’s land to reach a public highway. A temporary writ of injunction was granted, and defendant filed an answer and certain amendments thereto, to which plaintiffs filed a general equitable demurrer. This demurrer was sustained, and, defendant electing to stand thereon, the temporary injunction was made permanent. Defendant appeals.

1Opinion of the CourtDeemer, C. J.

i AppealmotlSTto stnke I. Appellant has filed a motion to strike appellees’ argument from the files, and to submit without argument from them. This is based upon the proposition that the argument was not filed time 1-m(ler the rules and the further fact that appellees gave no notice of their intention to waive their opening argument. It appears, *462however, that appellants filed their argument and assumed the burden before any argument or notice was. due from appellee. Such being the facts, appellant’s motion is without merit. Appellees have filed a motion to dismiss the appeal for the reason…

2Cases cited5 opinions

  1. Lesure Lumber Co. v. Mutual Fire InsuranceSupreme Court of Iowa · 1897
  2. Mueller Lumber Co. v. McCaffreySupreme Court of Iowa · 1908
  3. Koboliska v. SwehlaSupreme Court of Iowa · 1898
  4. Morrison v. Thistle Coal Co.Supreme Court of Iowa · 1903
  5. Holladay v. JohnsonSupreme Court of Iowa · 1862

3Cited by6 opinions

  1. Ditch v. HessSupreme Court of Iowa · 1973
  2. Matter of LuloffSupreme Court of Iowa · 1994
  3. McCarney v. LightnerSupreme Court of Iowa · 1920
  4. Anderson v. LeeSupreme Court of Iowa · 1921
  5. Fisher v. Maple Block Coal Co.Supreme Court of Iowa · 1915

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