Scribner v. Holmes
Cases that cite this one
6 later published cases cite this decision.
- Schurger v. Moorman (Idaho 1911)
- Clark v. Mossman (Neb. 1899)
- Lohmiller v. Indian Ford Water-Power Co. (Wis. 1881)
- Burk v. Hill (Ind. 1874)
- Kutz v. McCune (Wis. 1868)
- Caldwell v. Bank of Salem (Ind. 1863)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This case was tried on May 16, on which day a motion for a new trial was overruled, exception taken, and leave given to file a bill of exceptions in thirty days. The bill was not filed until July 6. That was too late. A legal public highway, in actual use, is not embraced in a general covenant against incumbrances. It would be unreasonable that it should be. See Rawle on Cov. 141, et seq.
The judgment is affirmed, with 5 per cent, damages and costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.