Cole v. Kegler
Supreme Court of Iowa
Appeal from Jackson District Cotirt. This action is against the town of Bellevue, the individuals composing the town council, and others, and the petition states that the defendants unlawfully entered certain premises, and with force and violence pulled down and destroyed a dwelling house, the property of the plaintiff.
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Appeal from Jackson District Cotirt. This action is against the town of Bellevue, the individuals composing the town council, and others, and the petition states that the defendants unlawfully entered certain premises, and with force and violence pulled down and destroyed a dwelling house, the property of the plaintiff. The defendants justified under a resolution of the town council, declaring the building a nuisance, and ordering its abatement by the destruction of the house. Trial by jury, judgment for the defendants, and the plaintiff appeals.
1Opinion of the CourtSeevers, J.
I. The dwelling house in question was situated within the corporate limits of the town of Bellevue, and on the second day of April, 1880, the town council passed the following resolution: “Be it resolved by the town conn*60oil of the town of Nellevue, that upon investigation we find the old cement house on second street, situated on lot 121, dangerous to the public, and that we therefore declare it a nuisance, and order its removal, and hereby order a notice to be served by the marshal on the owner, Eli Cole, to.remove said house within ten days from such notice; and, if said owner shall fail to…
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- Clark v. Mayor & Common CouncilNew York Supreme Court · 1852
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