Legal Opinion

State v. Waterman

Supreme Court of Iowa

Decided February 5, 1890PublishedCited by 6 opinions

Appeal from Clayton District Court. — Hoít. L. O. Hatch, Judge. Defendant was indicted and tried ior the crime of nuisance, alleged to have been committed by obstructing a public highway, and was acquitted. The state appeals.

1Opinion of the CourtRobinson, J.

The course of the alleged highway-in question is irregular, but its general direction is from north to south. It extends lengthwise through an eighty-acre tract of land which is owned by defendant. It is shown, and not denied, that he obstructed it by the building of a fence, but it is claimed that it was not a legally established public highway. The evidence tends to show the facts of the case to be as follows: An attempt to establish the alleged highway in the manner provided by law, was made in the year 1860. A petition was presented to the county court of Clayton county for that purpose,…

2Cases cited13 opinions

  1. Galpin v. PageSupreme Court of the United States · 1874
  2. Chicago, Rock Island & Pacific Railway Co. v. AllfreeSupreme Court of Iowa · 1884
  3. Colvin v. McCuneSupreme Court of Iowa · 1874
  4. State v. WelptonSupreme Court of Iowa · 1871
  5. State v. GouldSupreme Court of Iowa · 1875

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3Cited by6 opinions

  1. Streeter v. StalnakerNebraska Supreme Court · 1901
  2. O'Leary v. Waterbury Title Co.Supreme Court of Connecticut · 1933
  3. Withrow v. WalkerSupreme Court of Iowa · 1891
  4. State v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1893
  5. Sherman v. HastingsSupreme Court of Iowa · 1890

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