Cassady v. Cavenor
Supreme Court of Iowa
Appeal from, Madison District Gov/rt. Tuesday, October 21. Action in equity for the abatement of the defendant’s stable, hog-pen, privy and sewer, as nuisances. The defendant denies the allegations of the petition, and by way of counter-claim asks the abatement of hog-pens, stable, stable yard and privy maintained by plaintiff. Trial by the court by the first method. The petition and counter-claim were both dismissed, and judgment was rendered for the defendant for costs.
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Appeal from, Madison District Gov/rt. Tuesday, October 21. Action in equity for the abatement of the defendant’s stable, hog-pen, privy and sewer, as nuisances. The defendant denies the allegations of the petition, and by way of counter-claim asks the abatement of hog-pens, stable, stable yard and privy maintained by plaintiff. Trial by the court by the first method. The petition and counter-claim were both dismissed, and judgment was rendered for the defendant for costs. Plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtDay, J.
Both the plaintiff’s and the defendant’s premises are situated in block ten in the original plat of the town of Winterset. This block is composed of eight lots, each one hundred and thirty-two feet long from north to south, and sixty-six feet wide from east to west, and four of them lie to the north, and four to the south of an alley, sixteen and one-half feet wide, running east and west. The size of the block is, therefore, two hundred and sixty-four feet by two hundred and eighty and one-half feet.
The plaintiff’s residence was built in 1849, upon the south half of lots one and two, and…
2Cited by10 opinions
- Albright v. KarstonSupreme Court of Arkansas · 1943
- Price v. StrattonSupreme Court of Florida · 1903
- Ferguson v. Firmenich Manufacturing Co.Supreme Court of Iowa · 1889
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Town of CrothersvilleIndiana Supreme Court · 1902
- Ilo Oil Co. v. Indiana Natural Gas & Oil Co.Indiana Supreme Court · 1910
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