Board of Commissioners of Woodson County v. Heed
Supreme Court of Kansas
Error from Woodson District Court. Ti-ie facts in this case are as follows: On October 6, 1882, Conrad Hester and others presented their petition to the board of county commissioners of Woodson county, asking a public road to be laid out in Owl Creek township in that county, described as follows: Commencing at the southeast corner of section 22, township 25, range 16 east, running thence north two miles on section line as near as practicable, and terminating at the northeast…
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Error from Woodson District Court. Ti-ie facts in this case are as follows: On October 6, 1882, Conrad Hester and others presented their petition to the board of county commissioners of Woodson county, asking a public road to be laid out in Owl Creek township in that county, described as follows: Commencing at the southeast corner of section 22, township 25, range 16 east, running thence north two miles on section line as near as practicable, and terminating at the northeast corner of section 15, township 25, range 16 east. The board, being satisfied that the petition was a legal one, and…
1Opinion of the Court
*37The opinion of the court was delivered, by
HortON, C. J.:
It is contended by the board of county commissioners of Woodson county, that the claim for damages for the location of the public road across the land of the claimant was properly disallowed, for the alleged reason that the action of the board in attempting to lay out and establish the road was wholly without jurisdiction, and therefore void. In support of this, it is urged that as no notice was given to the claimant or to anyone in possession or claiming to have possession or control of the land, nor any finding of any kind made with…
2Cases cited3 opinions
- Comm'rs of Wabaunsee Co. v. MuhlenbackerSupreme Court of Kansas · 1877
- Ogden v. StokesSupreme Court of Kansas · 1881
- George v. HattonSupreme Court of Kansas · 1864
3Cited by5 opinions
- City of Kansas City v. BurkeSupreme Court of Kansas · 1914
- Flagel v. Board of County CommissionersSupreme Court of Kansas · 1911
- Board of County Commissioners v. RalstonSupreme Court of Kansas · 1909
- Howard v. SchmidtSupreme Court of Kansas · 1905
- State v. HedeenSupreme Court of Kansas · 1891