Wilgus v. Board of Commissioners

The opinion of the court was delivered by

Horton, C. J.:

This case has been here before. (42 Kas. 457.) After the opinion was handed down at the July term of this court for 1889, reversing the judgment, a new trial was had, commencing on the 3d of March, 1890, before the court, a jury having been waived. Special findings of fact *606were made by the court to the effect that “ seminary square, in the city of Paola, belongs to the public for seminary purposes.” It is insisted that the issues last tried were materially different from those on the former trial. An examination of the record shows,…