Fisher v. Beard
Supreme Court of Iowa
Appeal from Ma/rion District Oowrt. This action was commenced on the 6th. day of January, 1869, for the purpose of enjoining the defendant from laying off into lots, selling the same for building purposes, and erecting buildings thereon, a certain block or square in the city of Pella, known, and platted on the recorded plat of said city, as “ Garden square,” and from diverting said square from its alleged original purpose and use, as intended by the proprietor of the city…
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Appeal from Ma/rion District Oowrt. This action was commenced on the 6th. day of January, 1869, for the purpose of enjoining the defendant from laying off into lots, selling the same for building purposes, and erecting buildings thereon, a certain block or square in the city of Pella, known, and platted on the recorded plat of said city, as “ Garden square,” and from diverting said square from its alleged original purpose and use, as intended by the proprietor of the city when the same was laid off, platted, acknowledged by him, and the plat recorded, and lots adjacent thereto sold, and as…
1Opinion of the CourtMiller, J.
1. Dedication: public grounds: injunction. I. The first ground of demurrer is, that the petition does not state facts sufficient to constitute a cause of action.”
This general form of demurrer is allowable when interposed, as in this case, to a petition in equity (Rev., § 2877); and raises the question whether the facts stated in the petition entitle plaintiffs to the relief prayed therein.
The material facts alleged are, that one Henry P. Scholte was the original proprietor of the town (now city) of Pella, in Marion county, Iowa; that he laid off the same in blocks, lots, squares, streets and…
2Cases cited11 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Pearsall v. PostNew York Supreme Court · 1838
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3Cited by18 opinions
- Johnstone v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1928
- Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co.New Mexico Supreme Court · 1967
- McLachlan v. Incorporated Town of GraySupreme Court of Iowa · 1898
- Kelroy v. City of Clear LakeSupreme Court of Iowa · 1942
- Pierce v. RobertsSupreme Court of Connecticut · 1888
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