Legal Opinion

Comm'rs of Franklin Co. v. Lathrop

Supreme Court of Kansas

Decided January 15, 1872PublishedCited by 23 opinions

Error from Franklin District Court. Injunction, brought by Carrie R. Lathrop■ to restrain the-board of county commissioners of Franklin county from-executing the power conferred upon them by ch. 85, laws of 1871, (p. 202.) Secs. 1 and 3 of said chapter are as follows: “Sec. 1. The board of county commissioners of Franklin county is hereby empowered to sell, in the .manner hereinafter specified, the whole or any portion of the western half of- block eighty-five, known as the…

Read the full summary

Error from Franklin District Court. Injunction, brought by Carrie R. Lathrop■ to restrain the-board of county commissioners of Franklin county from-executing the power conferred upon them by ch. 85, laws of 1871, (p. 202.) Secs. 1 and 3 of said chapter are as follows: “Sec. 1. The board of county commissioners of Franklin county is hereby empowered to sell, in the .manner hereinafter specified, the whole or any portion of the western half of- block eighty-five, known as the court-house square, fronting on Main street, in the city of Ottawa, Franklin county. “Sec. 3. The proceeds arising from…

1Opinion of the Court

The opinion-of the court was delivered by

Brewer, J.:

Defendant in error obtained áñ injunction-in the district court of Franklin county restraining the plaintiffs in error from selling the west half of block 85 in the-city of Ottawa, or any portion of it. The ground of the injunction was, á dedication' of the block to the use of the-public as a court-house square. The undisputed and material facts‘are these: About the 1st of September 1864 the Ottawa. Town'Company obtained title to the site of the present city' *460of Ottawa, and thereon located, surveyed, platted, and laid out, into blocks, lots,…

2Cases cited13 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
  3. Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
  4. Haynes v. ThomasIndiana Supreme Court · 1855
  5. Commonwealth v. AlburgerSupreme Court of Pennsylvania · 1836

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

3Cited by23 opinions

  1. Jansen v. City of AtchisonSupreme Court of Kansas · 1876
  2. Heller v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
  3. Harter v. City of San JoseCalifornia Supreme Court · 1904
  4. Atchison & Nebraska Railroad v. GarsideSupreme Court of Kansas · 1873
  5. Davenport v. BuffingtonCourt of Appeals for the Eighth Circuit · 1899

18 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