Oliphant v. Comm'rs of Atchison County
Supreme Court of Kansas
Error from Atohison District Cóurt. Injunction, brought by Oliphant against the Board of County Commissioners of the county of Atchison, and John Moore, as trustee of Walnut township, Atchison county, and Henry Socks, as overseer of road district No. 2 in said Walnut township, to restrain and enjoin them from exercising any further jurisdiction or control over plaintiff’s land for the purpose of a public road, highway, or other public road use.
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Error from Atohison District Cóurt. Injunction, brought by Oliphant against the Board of County Commissioners of the county of Atchison, and John Moore, as trustee of Walnut township, Atchison county, and Henry Socks, as overseer of road district No. 2 in said Walnut township, to restrain and enjoin them from exercising any further jurisdiction or control over plaintiff’s land for the purpose of a public road, highway, or other public road use. The district court, at the June Term 1875, refused the injunction prayed for, and gave judgment against Oliphant for costs. Plaintiff now brings the…
1Opinion of the Court
The opinion of the court was delivered by
Beewek, J.:
statement of faots' This is a road case, an action in which the present owner of a few acres attempts by injunction to ■close up a road opened and used by the public over said tract long before he acquired any title thereto. The facts are these: Eor several years past the plaintiff has resided, his wife being the owner, upon the N.W.J of S.E.J of section 24, township 7, range 21, in Atchison county. While thus residing, and in June 1870, a petition was presented to the county board for a road which was intended by the petitioners to cross…
2Cases cited2 opinions
- Willis v. SprouleSupreme Court of Kansas · 1874
- Clark v. CoolidgeSupreme Court of Kansas · 1871
3Cited by10 opinions
- Haverbekken v. Hale, County JudgeTexas Supreme Court · 1918
- City of Osawatomie v. SlaymanSupreme Court of Kansas · 1958
- Meek v. Meade CountySouth Dakota Supreme Court · 1899
- Murphy v. Fairmount TownshipSupreme Court of Kansas · 1913
- Carbon Coal & Mining Co. v. DrakeSupreme Court of Kansas · 1881
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