Morgan v. Miller
Supreme Court of Iowa
Appeal from Marshall CirevAt Oov/rt. Action for an injunction to restrain the defendant, as road supervisor, from opening an alleged county road. An injunction was granted in favor of one of the plaintiffs, B. F. 0. Everist, and on final hearing was made perpetual. The defendant appeals.
1Opinion of the Court
Adams, J
The county road in question was declared established in January, 1868. The appellee insists, however, that it was not in fact established, because the commissioner appointed to examine and report upon the same reported against it. He insists that under the statute the board had no further jurisdiction of the matter, and that their action in attempting to establish the road was void.
It appears to us that the plaintiff’s position in this respect is correct. The statute then in force provided that, where the commissioner appointed to examine and report upon a road reports against the…
2Cited by5 opinions
- Hoover v. Iowa State Highway CommissionSupreme Court of Iowa · 1928
- Moneyweight Scale Co. v. McBrideMassachusetts Supreme Judicial Court · 1908
- Moffitt v. BrainardSupreme Court of Iowa · 1894
- Heery v. RobertsSupreme Court of Iowa · 1919
- Lawrence v. WilliamsSupreme Court of Iowa · 1910