Legal Opinion

Matthews v. State

Ohio Supreme Court

Decided December 15, 1874Published

Error to tbe Court of Common Pleas of Ashland county. Tbe plaintiffs in error were indicted below for obstructing ;a public highway.

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Error to tbe Court of Common Pleas of Ashland county. Tbe plaintiffs in error were indicted below for obstructing ;a public highway. Leaving out tbe formal parts of the Indictment, tbe charge is as follows: “That Chester C. Matthews and Benjamin Buzzard, late of said county, on the thirtieth day of November, in the year of our Lord one thousand eight hundred and sixty-nine, and from that daj until the commencement of proceedings herein — to wit, on the twenty-eighth day of March, A. d. 1870 — with force and arms, at Jackson township, in said county of Ashland and State of Ohio, knowingly and…

1Opinion of the CourtGilmore, J.

The defendants below were indicted under-section 2 of the act of May 1, .1857 (S. & C. 880), entitled “ an act in addition to the acts now in force to prevent nuisances.” This section, among other things,, provides that “ the obstructing or incumbering by fences, buildings, structures, or otherwise, any of the public highways, or streets or alleys of any city or village, shall be deemed nuisances; and every person or persons guilty of erecting, continuing, using, or maintaining or causing any such nuisance, shall be guilty of a violation of this act.”

Section 3 of the act is as follows: “ All…

2Cases cited2 opinions

  1. Cox v. StateIndiana Supreme Court · 1833
  2. Wood v. StateIndiana Supreme Court · 1854

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