McBurney v. Graves
Supreme Court of Iowa
Appeal from, Fremont Circuit Court. Plaintiff brought this action to recover damages for an. alleged trespass, committed by defendant in tearing down and removing a certain gate and fence which inclosed a tract of land belonging to plaintiff, and which was used by him as a pasture.
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Appeal from, Fremont Circuit Court. Plaintiff brought this action to recover damages for an. alleged trespass, committed by defendant in tearing down and removing a certain gate and fence which inclosed a tract of land belonging to plaintiff, and which was used by him as a pasture. Plaintiff also alleged in his petition that defendant had threatened to repeat said trespass .in case said fence and gate should be restored, and he prayed for an injunction restraining defendant from interfering with said gate and fence. Defendant, in liis answer, admitted that plaintiff was the-owner of the…
1Opinion of the CourtEeed, J.
i. appeal to court”urisamount involved: interest mreal estate I. The prayer of the petition was for judgment for $300, and for an injunction restraining defendant from interfering, in the future, with the gate and fence in question. Plaintiff filed a motion to to dismiss the appeal, on the ground that the , . . , , ,, amount m controversy between the parties, as *i X ' shown by the pleadings, does not exceed $100, and that the trial judge has not certified that the cause involves the determination of a question of law on which it is desirable to have the opinion of this court. This motion,…
2Cases cited1 opinion
- State v. WeimerSupreme Court of Iowa · 1884
3Cited by10 opinions
- Bangert v. Osceola CountySupreme Court of Iowa · 1990
- Kircher v. Incorporated Town of LarchwoodSupreme Court of Iowa · 1903
- Moffitt v. BrainardSupreme Court of Iowa · 1894
- In re the Appeal of HeadSupreme Court of Iowa · 1908
- Chicago, Rock Island & Pacific Railway Co. v. EllithorpeSupreme Court of Iowa · 1889
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