Meservey v. Gulliford
Idaho Supreme Court
APPEAL from tbe District Court of Sixth Judicial District for Fremont County. Hon. J. M. Stevens, Judge. Action by road overseer to remove an obstruction in a public highway alleged to have been established by prescription. Judgment for plaintiff. “The words ‘duly laid out or erected’ have reference to the formal or official action, which the law enjoins upon those charged with the duty of establishing public highways.”
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APPEAL from tbe District Court of Sixth Judicial District for Fremont County. Hon. J. M. Stevens, Judge. Action by road overseer to remove an obstruction in a public highway alleged to have been established by prescription. Judgment for plaintiff. “The words ‘duly laid out or erected’ have reference to the formal or official action, which the law enjoins upon those charged with the duty of establishing public highways.” (Freshour v.-Sihn, 99 Cal. 443, 34 Pac. 87.) “The statute, fixing a penalty for encroachment upon highways, applies only to those laid out as provided by law, and not to those…
1Opinion of the CourtSullivan, J.
This action was commenced by tbe plaintiff as road overseer, against tbe defendant, who is appellant here, to compel him to remove certain fences and gate, which it is alleged constitute an obstruction to a highway. This action was commenced on May 23, 1906, and it is alleged that for more than ten years immediately preceding tbe. commencement of this action, “continuously and uninterruptedly, except when interfered with during tbe past two years by tbe defendant,” the public generally have enjoyed and used a public highway over, across and through certain lands, describing them, and that…
2Cases cited14 opinions
- Bauserman v. BluntSupreme Court of the United States · 1893
- Whitesides v. GreenUtah Supreme Court · 1896
- Barry v. SmithMassachusetts Supreme Judicial Court · 1906
- Burrows v. GuestUtah Supreme Court · 1886
- Freshour v. HihnCalifornia Supreme Court · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- West v. SmithIdaho Supreme Court · 1973
- Evers v. County of CusterCourt of Appeals for the Ninth Circuit · 1984
- State Ex Rel. Haman v. FoxIdaho Supreme Court · 1979
- State v. NesbittIdaho Supreme Court · 1957
- Floyd v. BOARD OF COM'RS BONNEVILLE COUNTYIdaho Supreme Court · 2002
22 more not listed; retrieve them via the Exa API.