Walcott Township v. Skauge
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by Walcott Township of Richland County against Erick Skauge. From a judgment for plaintiff, defendant appeals. Neither prescription nor bankruptcy can run against the government.
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Appeal from District Court, Richland County; Lauder, J. Action by Walcott Township of Richland County against Erick Skauge. From a judgment for plaintiff, defendant appeals. Neither prescription nor bankruptcy can run against the government. Peo. v. Herkimer, 4 Cow. 345; Peo. v. Gilbert, 19 Johns, 229; Gibson v. Chonteau, 13 Wall. 92; Langdon v. Harris, 21 Wall. 521; Sparks v. Pierce, 115 U. S. 408; Jordan v. Barrett, 4 How. 169; Burgess v. Gray, 16 How. 48; Frisby v. Whitney, 9 Wall. 187;. Oaksmith v. Johnson, 92 U. S. 343; Morrow v. Whitney, 95 U, S.-531; Anderson v. Carkins, 135 U. S. 483;…
1Opinion of the CourtBartholomew, J.
This action was brought by the Civil Township of Walcott, in Richland County, for the purpose of abating a nuisance. The nuisance consisted of an obstruction erected by defendant across an alleged highway. The erection of the *385obstruction is admitted, and the sole question at issue was as to the existence at the point where the obstruction was raised of a legal highway. The township claimed a highway by virtue of 20 years’ continuous user. This user was denied by the defendant. As is usual in such cases, the testimony is exceedingly conflicting. It is very voluminous, and coming as it does…
2Cases cited6 opinions
- Wells v. Pennington CountySouth Dakota Supreme Court · 1891
- Strong v. MakeeverIndiana Supreme Court · 1885
- Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
- Summers v. StateIndiana Supreme Court · 1875
- State v. MitchellSupreme Court of Iowa · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Southern Utah Wilderness Alliance v. Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2005
- Lindsay Land & Live Stock Co. v. ChurnosUtah Supreme Court · 1929
- Winer v. Penny Enterprises, Inc.North Dakota Supreme Court · 2004
- King v. Stark CountyNorth Dakota Supreme Court · 1937
- Small v. Burleigh CountyNorth Dakota Supreme Court · 1974
27 more not listed; retrieve them via the Exa API.