Legal Opinion

State v. Anderson

Supreme Court of Iowa

Decided September 24, 1874PublishedCited by 4 opinions

Appeal from Davis District Court. The defendant was indicted and convicted of obstructing a highway and now appeals to this court. The facts of the case are set out in the opinion.

1Opinion of the Court

Beck, <J.

In order to prove the existence of the highway, which defendant is charged with obstructing, the record of the Board of Supervisors pertaining thereto was introduced in evidence. It does not appear from this evidence that any notice whatever was given of the pendency of the application for the road, nor is it shown that' the supervisors found such notice had been given, that any evidence on the subject was furnished them, or that they passed upon the question whether there had been notice, as required by law. Neither was there any proof made to the District Court of the service of…

2Cases cited4 opinions

  1. Keyes v. TaitSupreme Court of Iowa · 1865
  2. State v. BerrySupreme Court of Iowa · 1861
  3. McCollister v. ShueySupreme Court of Iowa · 1868
  4. Woolsey v. Board of SupervisorsSupreme Court of Iowa · 1871

3Cited by4 opinions

  1. Larson v. FitzgeraldSupreme Court of Iowa · 1893
  2. Heery v. RobertsSupreme Court of Iowa · 1919
  3. Chicago, Rock Island & Pacific Railway Co. v. EllithorpeSupreme Court of Iowa · 1889
  4. Swift v. Board of SupervisorsSupreme Court of Iowa · 1919

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