Woodruff v. Town of Glendale
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Scott county, Crosby, J., presiding, (sitting for the-judge of the eighth district,) overruling a demurrer to the-'complaint.
1Opinion of the CourtBerry, J.
The plaintiff is owner in possession of certain timbered laud, over which the defendant the town of Glendale wrongfully claims to have laid out a public highway. The town, and defendant Byrnes — an overseer of highways —without any right or authority whatever, threaten to and are about to open the alleged highway, and to appropriate the strip of land upon which the same is claimed to he laid, to the purposes of a highway, and, to plaintiff’s irreparable injury, to cut down and destrojr, or remove, the timber standing thereon. The relief prayed is an injunction restraining the defendants, and…
2Cases cited2 opinions
- Commissioners of Highways v. MartinMichigan Supreme Court · 1857
- Town of Fishkill v. Fishkill & Beekman Plank Road Co.New York Supreme Court · 1856
3Cited by4 opinions
- Peters v. Town of Fergus FallsSupreme Court of Minnesota · 1886
- Township of Hutchinson v. FilkSupreme Court of Minnesota · 1890
- Township of Noble v. AasenNorth Dakota Supreme Court · 1898
- Woodruff v. Town of GlendaleSupreme Court of Minnesota · 1879