Duncombe v. Powers
Supreme Court of Iowa
Appeal from Webster Circuit Court. — Hon. D. D. Miracle, Judge. Plain tire is the owner of the south one-half of the northwest one-fourth of section 29, township 89, range 29, in Webster county, and seeks to recover of defendant for an alleged trespass upon it.
Read the full summary
Appeal from Webster Circuit Court. — Hon. D. D. Miracle, Judge. Plain tire is the owner of the south one-half of the northwest one-fourth of section 29, township 89, range 29, in Webster county, and seeks to recover of defendant for an alleged trespass upon it. The defendant, as supervisor of the road-district in which this land was situated, entered upon it, and removed the fences on the east and west boundary lines thereof at points where he claimed they obstructed a public highway. It is shown that the proper authorities of Webster county attempted to establish a highway on a line a short…
1Opinion of the CourtRobinson, J.
1. Assignment of errors: to general. — I. Appellant has devoted much of his argument to a consideration of the law applicable to the establishment of highways by dedica. ° “ xx, • *'lon or PrescnPtion, and to the sufficiency of the evidence under the law to sustain the verdict. The law of the case, as given to the jury, was substantially as it is claimed to be by appellant. The sufficiency of the evidence we cannot determine, for the reason that that question is not properly before us. Two of the twenty-nine separate grounds of the motion for a new trial were that “(1) the verdict is contrary…
2Cases cited8 opinions
- State v. BirminghamSupreme Court of Iowa · 1888
- State v. K. C., St. J. & C. B. R. Co.Supreme Court of Iowa · 1876
- Wood v. WhittonSupreme Court of Iowa · 1885
- State v. HelvinSupreme Court of Iowa · 1884
- Leekins v. Nordyke & Marmon Co.Supreme Court of Iowa · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Harvey v. City of ClarindaSupreme Court of Iowa · 1900
- Reed v. City of MuscatineSupreme Court of Iowa · 1897
- Johnson v. City of ShenandoahSupreme Court of Iowa · 1911
- Gray v. HaasSupreme Court of Iowa · 1896
- Casey v. Ballou Banking Co.Supreme Court of Iowa · 1896
18 more not listed; retrieve them via the Exa API.