Higgins v. Curtis
Supreme Court of Kansas
Error from, Shawnee District Court. This was an action brought by the plaintiff in error to enjoin the defendants in error, as trustee and road overseer, from opening a public road through the plaintiff’s land, in Shawnee county. On June 14, 1886, trial by the court, which made special findings of fact and conclusions of law thereon.
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Error from, Shawnee District Court. This was an action brought by the plaintiff in error to enjoin the defendants in error, as trustee and road overseer, from opening a public road through the plaintiff’s land, in Shawnee county. On June 14, 1886, trial by the court, which made special findings of fact and conclusions of law thereon. The4 findings show, and it is not disputed, that all the proceedings to lay out said road, including the appointment of viewers and their report to the board of county commissioners, were legal. It is also shown that at the meeting of said viewers to view and…
1Opinion of the Court
Opinion by
Cjlogston, C.:
The contention now is, that the county commissioners lost jurisdiction on the 5th' day of July, when they rejected the report of the viewers, and that no further action could be taken by them until after notice was given to all the parties interested, and that their action on the 6th of July in reconsidering their rejection of the report on the 5th was without jurisdiction, and that all subsequent proceedings had on the 23d of July, when the report was confirmed and the road ordered open, were void. The county commissioners have the power to “ establish rules and regula*285…
2Cited by8 opinions
- People ex rel. MacMahon v. DavisIllinois Supreme Court · 1918
- Board of County Commissioners v. LunneySupreme Court of Colorado · 1909
- Bennett v. DavisSupreme Court of Kansas · 1923
- State ex rel. Sullivan v. RossNebraska Supreme Court · 1908
- State v. MorganMissouri Court of Appeals · 1910
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