Gross v. McNutt
Idaho Supreme Court
APPEAL from District Court, Lemhi County. One statute in force at the time this action was brought,, section 851 of the Revised Statutes, as amended, Laws of 1893,. page 12, reads as follows: “Roads laid out and recorded as highways, by order of the board of commissioners, and all roads used as such for a period of five years, provided the latter shall have been worked and kept up at the expense of the-public or located and recorded by order of the board of commissioners,…
Read the full summary
APPEAL from District Court, Lemhi County. One statute in force at the time this action was brought,, section 851 of the Revised Statutes, as amended, Laws of 1893,. page 12, reads as follows: “Roads laid out and recorded as highways, by order of the board of commissioners, and all roads used as such for a period of five years, provided the latter shall have been worked and kept up at the expense of the-public or located and recorded by order of the board of commissioners, are highways.” There is no highway or line of highway, described by any of the witnesses in the case. Nor in the verdict…
1Opinion of the CourtSullivan, J.
This action was brought by respondent, as road overseer, to compel the appellants to remove certain obstruction from the highway described in the complaint, and for damages for refusal to remove the same. The appellants answered, admitting that they had constructed the fence complained of, but denied that it was constructed upon or across any highway which had theretofore been laid out or recorded by order of the board of county commissioners, or that it had been used as a highway for a period of five years prior to said *289■alleged obstruction; and further aver that the public have been…
2Cited by8 opinions
- Cox v. CoxIdaho Supreme Court · 1962
- State v. NesbittIdaho Supreme Court · 1957
- Meservey v. GullifordIdaho Supreme Court · 1908
- Kosanke v. KoppIdaho Supreme Court · 1953
- Lattin v. Adams CountyIdaho Supreme Court · 2010
3 more not listed; retrieve them via the Exa API.