181 Johnson v Maxwell Appellants

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181 Johnson v Maxwell Appellants

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title: W M Maxwell, Appellee vs William Johnson and C F Miller Appellants, Brief of Appellants.

title: 181

creator: William Johnson

creator: C. F. Miller

contributor: Howe

contributor: Corson

date: 1891-01

publisher: Washington State Supreme Court

type: Civil

subject: Real Property

subject: Transporation

language: eng

format: application/pdf

description: Prior History: Appeal from Superior Court, King County.Nuisance – Abatement – Equity – Pleading – Appeal – Motion for New Trial – Under Code 1881, § 450, the supreme court may review and reverse on appeal any judgment of the superior court, although no motion for a new trial was made in such court.Under Code 1881, § 103, providing that every material allegation of new matter in the answer not controverted by the reply shall, for the purpose of the action, be taken as true, it is error for the trial court to treat affirmative matter in the answer as denied, and permit testimony to be given accordingly.The obstructing of a public road by building a fence therein is a nuisance which may be abated by any person injuriously affected thereby, provided it be done without committing a breach of the peace, or doing unnecessary injury.Where plaintiff, in violation of law, places and maintains his fence upon a public highway, a court of equity will not grant him relief by injunction against parties destroying or threatening to destroy such fence.

relation: Johnson v. Maxwell, 2 Wash. 482 (1891)

relation: 27 P. 1071

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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