48 Iowa 700
Decided April 19, 1875
Supreme Court of Iowa · decided 1875-04-19
Action for an injunction against the defendant as road supervisor, to restrain him from opening a road. The application is based upon allegations that no road has been established, and no right acquired by the public in any way. A temporary injunction was granted, and afterwards, upon motion of the defendant, was dissolved; and afterwards, upon hearing, decree was rendered for defendant. The plaintiff appeals.
Decided 1875-04-19
¶1No motion or order was made for the trial of the case upon written evidence, and there is no assignment of errors. We have repeatedly held that such a case presents nothing- for our determination. We may say, however, that a majority of the court are of the opinion that the finding of the court below that a road had been established by prescription is correct.
¶2The decree of the court below must be
¶3Affirmed.