Bolton v. McShane
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. I). Gieeen, Judge. Action to enjoin defendant, as road supervisor, from removing a certain fence. The defendant demurred to plaintiff’s petition on the grounds that the facts stated did not entitle the plaintiff to the relief demanded. This demurrer being sustained, the plaintiff appealed; and on the appeal the ruling of the district court was reversed, and “the cause remanded for further proceedings in harmony with this opinion.”
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Appeal from Linn District Court. — Hon. J. I). Gieeen, Judge. Action to enjoin defendant, as road supervisor, from removing a certain fence. The defendant demurred to plaintiff’s petition on the grounds that the facts stated did not entitle the plaintiff to the relief demanded. This demurrer being sustained, the plaintiff appealed; and on the appeal the ruling of the district court was reversed, and “the cause remanded for further proceedings in harmony with this opinion.” Bolton v. McShane, 67 Iowa, 207. The case being remanded, the defendant answered, without objection, denying every…
1Opinion of the CourtGiven, J.
i. appeal: otílSeabeiow. I. Appellant’s first contention is that the controversy was fully adjudicated by the ruling on ^le demurrer. It does not appear from the recor<l that the plaintiff made any objection in the district court to the defendant’s answering, nor to going to trial upon the issues joined by the answer. This court has uniformly held, and in many cases, that an objection not made, or question not raised, in the court below cannot be considered on appeal.
II. The highway in question should be upon the line between sections 4 and 5 of Linn township; and the controversy is as to…
2Cases cited2 opinions
- Grube v. WellsSupreme Court of Iowa · 1871
- State v. WelptonSupreme Court of Iowa · 1871
3Cited by9 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- Klinkner v. SchmidtSupreme Court of Iowa · 1901
- Shanline v. WiltsieSupreme Court of Kansas · 1904
- Schoening v. SchwenkSupreme Court of Iowa · 1901
- Johnson v. City of BurlingtonSupreme Court of Iowa · 1895
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