Legal Opinion

Gallaher v. City of Jefferson

Supreme Court of Iowa

Decided October 24, 1904PublishedCited by 15 opinions

Appeal from Greene District Court.— Hon. S. M. Ex wood, Judge. Pxaintiff is the owner of lot 1 in block 15, Gallaher’s Addition to the city of Jefferson, and for many years the same has constituted his homestead. The lot faces Oak street on the east, Maple street on the west, and State 'street extends along the side thereof, each street being eighty feet in width.

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Appeal from Greene District Court.— Hon. S. M. Ex wood, Judge. Pxaintiff is the owner of lot 1 in block 15, Gallaher’s Addition to the city of Jefferson, and for many years the same has constituted his homestead. The lot faces Oak street on the east, Maple street on the west, and State 'street extends along the side thereof, each street being eighty feet in width. Extending along State, street are two rows of shade trees — one in the street and six or seven feet from the lot line, and the other, two feet inside the .lot line — all such trees having been planted by plaintiff more than twenty…

1Opinion of the CourtBishop, J.

The contentions of plaintiff are four in number, and they may he stated as follows: (1) That the city did not have a valid subsisting permanent sidewalk ordinance under which to act in the premises. (2) That the city did not have, at the time the resolution was passed ordering the construction of the walk in question, a valid subsisting grade ordinance upon which it could act in ordering the construction of permanent sidewalks. (3) The city did not acquire jurisdiction to proceed with the construction of a permanent sidewalk, for that the resolution ordering such construction was published in…

2Cases cited15 opinions

  1. Seifert v. . City of BrooklynNew York Court of Appeals · 1886
  2. Sheridan v. ColvinIllinois Supreme Court · 1875
  3. Warren v. HenlySupreme Court of Iowa · 1870
  4. Chase v. City of OshkoshWisconsin Supreme Court · 1892
  5. Cotes v. City of DavenportSupreme Court of Iowa · 1859

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3Cited by15 opinions

  1. Barrett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1920
  2. Hall Ex Rel. Estate of Hall v. Town of KeotaSupreme Court of Iowa · 1956
  3. Talcott Bros. v. City of Des MoinesSupreme Court of Iowa · 1906
  4. Kemp v. City of Des MoinesSupreme Court of Iowa · 1904
  5. Beirness v. City of Missouri ValleySupreme Court of Iowa · 1913

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