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
ON PETITION POE REHEARING.
2Per curiam
A petition for rehearing has been filed in this ease. We will say at the outset that no discourtesy to counsel for appellant was intended in any of the statements contained in the opinion in this case. We have the utmost confidence in counsel’s honor and ability.
Counsel states that in the commencement of this action and in its prosecution he largely relied on the ease of Boise City v. Flanagan, 6 Idaho, 149, 53 Pac. 453. The facts of that case and the case at bar are not similar or parallel. In that ease one James Stout claimed the tract in controversy. A part of it…
3Cases cited2 opinions
- Laughlin v. City of DenverSupreme Court of Colorado · 1897
- Boise City v. FlanaganIdaho Supreme Court · 1898