Wenck v. Carroll County
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. F. M. Powers, Judge. Action at law to recover damages for trespass. The court having sustained a demurrer to the petition, the plaintiffs elected to stand upon their pleading, and from a judgment rendered against them for costs they appeal to this court. —
1Opinion of the CourtWeaver, J.
— Stated briefly, tbe petition alleges the establishment of a drainage district, a portion of - which bordered upon the land of plaintiff. lie alleges that under the order for such establishment the ditch therein provided for was to have its outlet within or at the boundary line of said district, but that, instead of observing this plan, the county unlawfully and illegally caused the extension and excavation of said ditch across the line and for some distance into and upon plaintiff’s premises, with resulting injury thereto, for which he seeks to recover damages.
Several grounds of demurrer…
2Cases cited6 opinions
- Kincaid v. Hardin CountySupreme Court of Iowa · 1880
- Packard v. VoltzSupreme Court of Iowa · 1895
- Green v. Harrison CountySupreme Court of Iowa · 1883
- Lindley v. Polk CountySupreme Court of Iowa · 1892
- Dashner v. Mills CountySupreme Court of Iowa · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Boyer v. Iowa High School Athletic AssociationSupreme Court of Iowa · 1964
- Snethen v. Harrison CountySupreme Court of Iowa · 1915
- Shirkey v. Keokuk CountySupreme Court of Iowa · 1937
- Gibson v. Sioux CountySupreme Court of Iowa · 1918
- Post v. Davis CountySupreme Court of Iowa · 1922
8 more not listed; retrieve them via the Exa API.