Porter v. Stone
Supreme Court of Iowa
Appeal from Delawa/re Circuit Court. This action was commenced in January, 1875. The petition alleges that plaintiff is the owner of forty acres of land adjoining and abutting Fourth street, in the town of Delhi, Delaware county; that said street is a regularly laid out street in said town, as shown by the recorded plat thereof, and was used by the public generally and the plaintiff as a public highway; that the defendant, about the 19th day of May, 1873, wrongfully closed…
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Appeal from Delawa/re Circuit Court. This action was commenced in January, 1875. The petition alleges that plaintiff is the owner of forty acres of land adjoining and abutting Fourth street, in the town of Delhi, Delaware county; that said street is a regularly laid out street in said town, as shown by the recorded plat thereof, and was used by the public generally and the plaintiff as a public highway; that the defendant, about the 19th day of May, 1873, wrongfully closed and obstructed said street, by building and maintaining fences across the same, and has continued to so obstruct said…
1Opinion of the CourtDay, J.
l. dedication: fiayet°iti™u — I. No motion for trial upon written evidence was made, as required by section 2742 of the Code, and the cause is not, as both parties concede, triable de novo. The plaintiff, against the objection of defendant, introduced in evidence a copy of a plat and proceedings for the laying out of the town of Delhi, executed in 1842. The town was laid out by the county commissioners, under the provisions of an act of the Territorial Legislature of 1839. See Revised Statutes of 1843, chapter 147.
It is now, among other things, urged that the court erred in admitting the…
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- Town of Edenville v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1889
- Johnson v. Common CouncilSupreme Court of Alabama · 1899
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