Fair v. Buss
Supreme Court of Iowa
Appeal from Ida District Oourt. — Hon. Z. A. Church, Judge. The plaintiff is the owner of land abutting a highway which was established by the board of supervisors in 1876. He fenced a portion thereof, and the fence was removed by the “defendant, who was at the time the road supervisor of that district. This action was brought to restrain the defendant from further interfering with the plaintiff’s fences.
Read the full summary
Appeal from Ida District Oourt. — Hon. Z. A. Church, Judge. The plaintiff is the owner of land abutting a highway which was established by the board of supervisors in 1876. He fenced a portion thereof, and the fence was removed by the “defendant, who was at the time the road supervisor of that district. This action was brought to restrain the defendant from further interfering with the plaintiff’s fences. There was a judgment for the defendant, from which the X>laintiff appeals. —
1Opinion of the Court
Sherwin, J. —
*1661 2 *1673 *165The highway in question was established by the board of supervisors of Ida county, without personal notice to the resident landowners, as required by section 936 of the Code of 1873. The then owner of the plaintiff’s land was a nonresident, and the land was unoccupied and unimproved. The following notice was published four weeks in a newspaper printed in the county, which is conceded to be the only notice he had: “Road Notices. To Whom it May Concern: The commissioners appointed to examine and report upon the expediency of locating the following roads: Road No. 18, commencing…
2Cases cited8 opinions
- Richman v. Supervisors Muscatine CountySupreme Court of Iowa · 1889
- City of Clinton v. WallikerSupreme Court of Iowa · 1896
- Indianapolis & Cumberland Gravel Road Co. v. State ex rel. FlackIndiana Supreme Court · 1886
- Tuttle v. Polk & HubbellSupreme Court of Iowa · 1891
- Moffitt v. BrainardSupreme Court of Iowa · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State ex rel. Board of Education v. BrownSupreme Court of Minnesota · 1906
- Hall v. Fairchild-Gilmore-Wilton Co.California Court of Appeal · 1924
- Dale v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1906
- City of Ida Grove v. Ida Grove Armory Co.Supreme Court of Iowa · 1910
- Hatch v. BarnesSupreme Court of Iowa · 1904
2 more not listed; retrieve them via the Exa API.