Kelly v. Board of County Commissioners
Wyoming Supreme Court
Error to the District Court, Biig Horn County; Hon. Charles E. Winter, Judge. Action by Patrick Kelly against the Board of the County Commissioners of Big Horn County, Wyoming, for damages in the establishment of a public road, judgment for defendant and plaintiff brings error. Plaintiff was deprived of his property without due process of law.
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Error to the District Court, Biig Horn County; Hon. Charles E. Winter, Judge. Action by Patrick Kelly against the Board of the County Commissioners of Big Horn County, Wyoming, for damages in the establishment of a public road, judgment for defendant and plaintiff brings error. Plaintiff was deprived of his property without due process of law. ('Const., Art. I, Sec. 6.) Plaintiff’s property was taken for public road purposes without compensation and he is entitled to damages at least in the amount agreed upon. Conceding that the county attorney was without authority to bind the county by an…
1Opinion of the Court
Scott, Justice.
This proceeding in error is to reverse and vacate that certain judgment made and entered in the District Court of Big Plorn county in favor of the county, defendant there and defendant in error here, wherein the court failed to assess and award damages to the plaintiff there and plaintiff in error here in a specified sum alleged to be the value of a certain right of way for a public road over and across his premises. The case was tried to the court without the intervention of a jury and judgment was rendered in favor of the defendants and the plaintiff brings error.
1. The…
2Cases cited1 opinion
- Greer v. CanfieldNebraska Supreme Court · 1893
3Cited by1 opinion
- H K D Homesite Co. v. Board of County CommissionersWyoming Supreme Court · 1952