Legal Opinion

Long v. Schowe

Indiana Supreme Court

Decided January 9, 1914No. 22,525PublishedCited by 4 opinions

Prom Clark Circuit Court; Harry C. Montgomery, Judge. Action by James P. Long and others against Henry P. Schowe. Prom a judgment for defendant, the plaintiffs appeal. (Transferred from the Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.)

1Opinion of the CourtCox, J.

Appellants brought this action to establish and confirm a right to the use of a certain roadway over and upon the lands of appellee, to compel appellee to remove fences, gates and other obstructions, and to enjoin appellee from further interference with the free use of the roadway. Issue was formed by general denial of appellants’ complaint. There was a trial by the court and a finding against appellants. A motion for a new trial was filed by appellants, the basis of which was the alleged insufficiency of the evidence, in law and fact, to sustain the finding of the court. This motion was…

2Cases cited5 opinions

  1. Buckley v. Superior Court of San FranciscoCalifornia Supreme Court · 1894
  2. Carey v. RaeCalifornia Supreme Court · 1881
  3. Turpin v. DennisIllinois Supreme Court · 1891
  4. Eisner v. CurielNew York Supreme Court · 1897
  5. Mount Hope Iron Co. v. DeardenMassachusetts Supreme Judicial Court · 1886

3Cited by4 opinions

  1. Culley v. McFadden Lake Corp.Indiana Court of Appeals · 1996
  2. Hensler v. BrooksIndiana Court of Appeals · 1997
  3. Kepper v. SchumakerIndiana Court of Appeals · 1926
  4. Mayfair Investment Corp. v. BryantIndiana Court of Appeals · 2010

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