Scully v. Squier
Idaho Supreme Court
APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele,. Judge. Action for mandatory injunction and abatement of a public nuisance, alleged to damage the public as well as private rights. Judgment for defendants.
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APPEAL from the District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele,. Judge. Action for mandatory injunction and abatement of a public nuisance, alleged to damage the public as well as private rights. Judgment for defendants. None of the respondents can question the boundaries of the paper street without establishing a legal or equitable title, owned by him or her at the time of the encroachment of the buildings upon the boundaries of such a street, because such street as to him or her in the absence of such proof becomes the actual street to the full extent…
1Opinion of the CourtSullivan, J.
This is an action to prevent alleged encroachments on D street in the city of Lewiston. The appellant as plaintiff brought this action against the respondents, alleging that they were encroaching upon said D street, and charging them with having taken for their private use approximately four feet off the south side of said street and of extending their buildings over and upon said four feet of land wrongfully.
The nature of this action is a suit in equity to abate a nuisance alleged to be a public nuisance, damaging to the public as well as to the plaintiff’s private rights, and praying that…
2Cases cited12 opinions
- Stringfellow v. CainSupreme Court of the United States · 1879
- City of Helena v. AlbertoseMontana Supreme Court · 1889
- Walrath v. StateNebraska Supreme Court · 1878
- City of Pueblo v. BuddSupreme Court of Colorado · 1894
- Bingham v. City of Walla Walla, Washington Territory1887
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Boise City v. WilkinsonIdaho Supreme Court · 1909
- Hall v. North Ogden CityUtah Supreme Court · 1946
- Carson City v. Capital City Entertainment, Inc.Nevada Supreme Court · 2002
- Scully v. SquierSupreme Court of the United States · 1909
- Gervasoni v. City of PetalumaCalifornia Supreme Court · 1922
3 more not listed; retrieve them via the Exa API.