Barnes v. Fox
Supreme Court of Iowa
Appeal from Black Hawk Circuit Court. The defendant is road supervisor. The plaintiff brings this action to enjoin him from opening an alleged road. There was a decree for the defendant. The plaintiff appeals.
1Opinion of the CourtAdams, J.
1. HianryAT • ment on>y necessity of*' definite i°ca — I. The first question is as to.whether the alleged road was ever duly established. The facts pertaining alleged establishment appear to be as follows: In November, 1851, a ¡petition was presented to the county judge of Black Hawk county, signed ^ j0¡in ¡£¡ng and others, asking for the establishment of a road. On the petition, the county judge made an indorsement in these words:
“The request of the above petition is granted, and the road established accordingly, to be marked out by. the petitioners, or at their expense.” The defendant…
2Cases cited1 opinion
- Carey v. WeitgenantSupreme Court of Iowa · 1879
3Cited by5 opinions
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- United States v. Certain Parcels of Land in Riverside CountyDistrict Court, S.D. California · 1946
- Caulkins v. WardSupreme Court of Iowa · 1905