Lawrence v. Ewert
South Dakota Supreme Court
Appeal from Circuit Court, Sully County. Hon. Losing E. Garry, Judge.' Action by Henry J. Lawrence and another against Adolph Ewert and another. From a judgment for plaintiffs and an order denying a new trial, defendants appeal.
1Opinion of the CourtCorson, J.
This is an action instituted by the plaintiffs the defendants to' enjoin them from fencing up certain section lines in Sully county. The case was tried by the court without a jury, and, findings and judgment being in favor of the plaintiffs, the defendants have appealed. A number of errors are assigned, but the two that it will be necessary to consider and discuss are (i) that the board of county commissioners had failed to legally establish the highways on the section lines obstructed by the defendants; and (2) than the court was not authorized to enjoin the defendants from obstructing the…
2Cases cited3 opinions
- Wells v. Pennington CountySouth Dakota Supreme Court · 1891
- Jones v. Fidelity Loan & Trust Co.South Dakota Supreme Court · 1895
- Lawrence County v. Meade CountySouth Dakota Supreme Court · 1895
3Cited by17 opinions
- Small v. Burleigh CountyNorth Dakota Supreme Court · 1974
- Barney v. Burlington Northern RailroadSouth Dakota Supreme Court · 1992
- Pederson v. Canton TownshipSouth Dakota Supreme Court · 1948
- Costain v. Turner CountySouth Dakota Supreme Court · 1949
- Reis v. MillerSouth Dakota Supreme Court · 1996
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