Larson v. Fitzgerald
Supreme Court of Iowa
Appeal from Allamakee District Court. — Hon. W. A. Hoyt, Judge. Action to enjoin the obstruction of an alleged public highway.
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Appeal from Allamakee District Court. — Hon. W. A. Hoyt, Judge. Action to enjoin the obstruction of an alleged public highway. The plaintiff alleges that the defendant owns the east half of the northeast quarter of section 17, and the southwest quarter of the southwest quarter of section 9, township 97, range 3, Allamakee county; that ‘‘there is now, and for more than thirty years has been, a regularly laid out and traveled public highway upon, over, and through the lands of the defendant, near the east line on section 9, and near the northeast corner on section 17;” “that since 1852 the…
1Opinion of the CourtGiven, J.
i highways-fir'eguiai-nfe”^ vaiidity. — I. A disagreement as to the correctness of the abstract and amendments has caused us to
expend considerable time and labor in examining the transcript of over two hundred and fifty pages. The discrepancies
between the abstracts and transcript are not of sufficient importance to justify the disagreement that imposed this extra labor.
There is no question but that the defendant did obstruct travel at the place claimed, and that the plaintiff has such an interest as entitles him to prosecute this action. The contention is, whether a public highway exists at…
2Cases cited6 opinions
- Keyes v. TaitSupreme Court of Iowa · 1865
- State v. BerrySupreme Court of Iowa · 1861
- McCollister v. ShueySupreme Court of Iowa · 1868
- Woolsey v. Board of SupervisorsSupreme Court of Iowa · 1871
- State v. KinneySupreme Court of Iowa · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Weber v. City of Iowa CitySupreme Court of Iowa · 1903
- Pettit v. Incorporated Town of Grand JunctionSupreme Court of Iowa · 1903
- Lucas v. PayneSupreme Court of Iowa · 1909
- Clare v. WoganSupreme Court of Iowa · 1927
- Allamakee County v. Collins TrustSupreme Court of Iowa · 1999
9 more not listed; retrieve them via the Exa API.