Culver v. Rodgers
Ohio Supreme Court
Error to the District Court of Morrow county. The original action was brought by Rodgers, to enjoin ■Culver, an adjoining land-owner, from closing up a private road, and from throwing down his fence and carrying away the rails.
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Error to the District Court of Morrow county. The original action was brought by Rodgers, to enjoin ■Culver, an adjoining land-owner, from closing up a private road, and from throwing down his fence and carrying away the rails. It is alleged that Culver’s land adjoins Rodgers’ on the east, bounded by a partition fence; that, in 1865, Rodgers deeded to Culver a strip of laud, ten feet wide, off the east side of his land, for a road only; and that, for the purpose of throwing open a road for his use, to enable him to get to a creek to water his stock, the-plaintiff set his fence eighteen feet…
1Opinion of the Court
Johnson, Chief Judge.
The only errors now insisted on in the argument, are the first and eighth in the petition in •error, in this court. They are, in substance, that the court had no jurisdiction to grant the relief obtained in this case, and that the petition did not state a cause of action for such relief, for the reason that plaintiff had a plain, adequate, and complete remedy at law. No objection of this kind was made before final trial and judgment, by demurrer, .answer, or otherwise. The point is now, for the first time, made in the petition in error, filed in this court.
On the hearing,…
2Cases cited11 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Watson v. SutherlandSupreme Court of the United States · 1867
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Le Roy v. PlattNew York Court of Chancery · 1833
- Wiswall v. HallNew York Court of Chancery · 1831
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