City of Topeka v. Russam
Supreme Court of Kansas
Error from Shawnee District Court. Action brought by B. D. Russam against the City of Topeka, for the recovery of certain real estate and for damages..
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Error from Shawnee District Court. Action brought by B. D. Russam against the City of Topeka, for the recovery of certain real estate and for damages.. On the final trial, which was by the court without a jury, the court made the following findings and conclusions, to wit: “1. That under an act of the territorial legislature, approved February 9, 1859, the Quindaro and Salina territorial road was ordered; that commissioners were appointed and proceeded to make a survey* planting stones and going over the route; that these-commissioners lodged in the office of the secretary of state what…
1Opinion of the Court
*556The opinion of the court was delivered by
Valentine, J.:
This was an action brought by B. D. Russam against the city of Topeka, for the recovery of certain real property and for damages. The damages prayed for were for the unlawful detention of the property and for certain alleged trespasses. The defendant answered to the plaintiff’s petition by filing a general denial; and upon the pleadings a trial was had before the court, without a jury, which trial resulted in a judgment for the defendant. Thereupon the plaintiff demanded another trial, by virtue of § 599 of the civil code. The plaintiff’s…
2Cases cited3 opinions
- Champlin v. MorganIllinois Supreme Court · 1858
- Wilson v. JanesSupreme Court of Kansas · 1883
- Stickel v. StoddardSupreme Court of Kansas · 1882
3Cited by5 opinions
- Webb v. Board of CommissionersSupreme Court of Kansas · 1893
- Walbridge v. Board of County CommissionersSupreme Court of Kansas · 1906
- Kiehl v. JamisonSupreme Court of Kansas · 1909
- Clark v. City of SeattleWashington Supreme Court · 1912
- Kollhoff v. Board of County CommissionersSupreme Court of Kansas · 1964