Montana Township v. Ruark
Supreme Court of Kansas
Error from Labette District Court. The opinion contains a sufficient statement of the facts. To the petition the defendant Ruarle, filed a demurrer, which the court sustained at the May term, 1886, and rendered judgment for the defendant. The plaintiff Township brings the case here.
1Opinion of the Court
Opinion by
Simpson, C.:
The controlling question is, whether the township, under the circumstances of this case, can maintain such an action. The action is one to permanently restrain the defendant, who is the road overseer of his district, from preventing or interfering with the township trustee in removing an obstruction to a public highway, located on or through the land of the road overseer, or from further obstructing the same. Conceding all that is claimed by the plaintiff in error, by virtue of §3, ch. 153, Laws of 1871, still this action cannot be maintained, for the apparent object of…
2Cited by1 opinion
- Richardson v. Greenwood Twp.Court of Appeals of Kansas · 1897