State v. Glass
Supreme Court of Iowa
Appeal from Linn District Court. At the November term, 1872, the defendant was indicted for willfully and knowingly obstructing a public highway, on April 15, 1872. The defendant pleaded not guilty. Upon a trial to a jury at the October'term, 1871, the defendant was found guilty, and sentenced to pay a fine of ten dollars and costs of prosecution. The defendant appeals.
1Opinion of the CourtCole, J.
The evidence tended to show that at the April term, 1857, of the Linn County Court, a petition was tiled for the appointment of a commissioner to report upon the expediency of locating the road in controversy. At the J une term, 1857, an order was made that said road “ be established, opened and worked as provided by law, upon condition that the costs be paid on or before the next term of this court, A. D., 1857.” It also appeared from the evidence, that the public had traveled, but not so as to acquire a right by prescription, along in the vicinity of the route of the road prior to the…
2Cases cited1 opinion
- State v. RatliffSupreme Court of Iowa · 1871
3Cited by3 opinions
- McElroy v. HiteSupreme Court of Iowa · 1912
- McKinley v. Lucas CountySupreme Court of Iowa · 1932
- Kirkhart v. RobertsSupreme Court of Iowa · 1904