Legal Opinion

Hill v. First National Bank

Supreme Court of Kansas

Decided July 15, 1889PublishedCited by 21 opinions

Error from Mitchell District Court. Action brought by The First National Bank of Beloit, against Joseph Hill, to enjoin the defendant from, erecting a partition across the head of a stairway of a certain building, the property of said Hill, and situated on lot 12, block 12, of the city of Beloit. Judgment for plaintiff, at the January term, 1887. The defendant brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The parties to this proceeding own adjoining lots on which buildings have been erected that are united by a party wall. By agreement of the parties, a common stairway was to be erected between the buildings, which was to serve as an entrance from the street to the second stories *365of both buildings. A dispute arose between them as to the rights and liabilities of each in respect to the stairway and landing, and the bank brought an action to settle this dispute, and to enjoin Hill from obstructing the bank in the reasonable use of the…

2Cases cited4 opinions

  1. Eddy v. WeaverSupreme Court of Kansas · 1887
  2. Ætna Life Insurance v. KoonsSupreme Court of Kansas · 1881
  3. Hammerslough v. HackettSupreme Court of Kansas · 1883
  4. Graham v. ShawSupreme Court of Kansas · 1888

3Cited by21 opinions

  1. United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
  2. Martin v. GassertSupreme Court of Oklahoma · 1906
  3. Grand Lodge of the Ancient Order of United Workmen v. FurmanSupreme Court of Oklahoma · 1898
  4. Wade v. GouldSupreme Court of Oklahoma · 1899
  5. Sawyer & Austin Lumber Co. v. Champlain Lumber Co.Supreme Court of Oklahoma · 1905

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