Howard Mills Co. v. Schwartz Lumber & Coal Co.
Supreme Court of Kansas
Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. ON April 3, 1906, the Howard Mills Company began proceedings to condemn certain real estate for its use which belonged to the Schwartz Lumber and Coal Company. During such procedure, and on May 17, 1906, the Schwartz Lumber and Coal Company filed its petition in the district court of Sedgwick county to enjoin this appropriation of its property.
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Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. ON April 3, 1906, the Howard Mills Company began proceedings to condemn certain real estate for its use which belonged to the Schwartz Lumber and Coal Company. During such procedure, and on May 17, 1906, the Schwartz Lumber and Coal Company filed its petition in the district court of Sedgwick county to enjoin this appropriation of its property. The defendant answered, and when the case was reached for trial it was submitted to the court upon an agreed statement of facts, which, so far as necessary to show the qúestions…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
Do the foregoing facts show the defendant, the Howard Mills Company, to be a public corporation having power to exercise the right of eminent domain? This is the question presented. The defendant insists that this question is answered in its favor by the statute of this state. In support of its claim reference is made to various statutes relating to mills, among which is an act that took effect June 1, 1863, and is still in force, now being chapter 65 of the General Statutes of 1901. Only the first section of this act is given in the brief…
2Cases cited15 opinions
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Healy Lumber Co. v. MorrisWashington Supreme Court · 1903
- Matter of Mayor, Etc., of N.Y.New York Court of Appeals · 1892
- State ex rel. Coleman v. KellySupreme Court of Kansas · 1905
- Brown v. GeraldSupreme Judicial Court of Maine · 1905
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3Cited by3 opinions
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- Inspiration Consolidated Copper Co. v. New Keystone Copper Co.Arizona Supreme Court · 1914