Legal Opinion

City of Wichita v. Burleigh

Supreme Court of Kansas

Decided July 15, 1886PublishedCited by 14 opinions

Err oí' from Sedgwick Disti'ict Court. Action brought by H. O. Bui'leigh and M. L. Bui'leigh, his wife, against the city of Wichita and others, for a perpetual injunction to restrain The City of Wichita, its officers and agents, from opening certain streets through the plaintiffs’ pi’emises.

Read the full summary

Err oí' from Sedgwick Disti'ict Court. Action brought by H. O. Bui'leigh and M. L. Bui'leigh, his wife, against the city of Wichita and others, for a perpetual injunction to restrain The City of Wichita, its officers and agents, from opening certain streets through the plaintiffs’ pi’emises. April 30, 1886, a trial was had before the court without a jury, and the court found generally in favor of the plaintiffs and against the defendants, and granted the injunction prayed for. The City seeks to reverse such judgment. The court in deciding the case delivered the following opinion, to wit: “The…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The judgment of the court below in this case must be affirmed; and, as furnishing sufficient reasons therefor, we would refer to the able opinion delivered by the judge of the trial court. (See also Weyand v. Stover, 35 Kas. 545, and The State v. Barrett, 27 id. 213.)

Perhaps, however, a few of the questions involved in this case require some additional comment. It is claimed that the act of the legislature attempting to vacate the streets and alleys in question is unconstitutional and void. It is not claimed, however, that it is…

2Cases cited2 opinions

  1. Weyand v. StoverSupreme Court of Kansas · 1886
  2. Knowles v. Board of EducationSupreme Court of Kansas · 1885

3Cited by14 opinions

  1. Rambo v. LarrabeeSupreme Court of Kansas · 1903
  2. Rathbone v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1897
  3. State Ex Rel. Smith v. BrownSupreme Court of Oklahoma · 1909
  4. Travelers' Ins. v. Township of OswegoCourt of Appeals for the Eighth Circuit · 1893
  5. In Re PinkneySupreme Court of Kansas · 1891

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API