Blackshire v. Atchison, Topeka & Santa Fe Rld.
Supreme Court of Kansas
Error from Chase Eistriet Court. Injunction, brought by the Railroad Company to restrain the collection of a part of a judgment recovered by Black-shire. The facts are fully stated in the opinion. The district judge granted a temporary injunction in January, 1873, and on the 6th of February,-1873, said judge overruled and denied a motion to vacate said temporary injunction.
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Error from Chase Eistriet Court. Injunction, brought by the Railroad Company to restrain the collection of a part of a judgment recovered by Black-shire. The facts are fully stated in the opinion. The district judge granted a temporary injunction in January, 1873, and on the 6th of February,-1873, said judge overruled and denied a motion to vacate said temporary injunction. From this order and decision, overruling and denying his motion, Blackshire appeals, and brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
In December 1870 the defendant in error instituted proceedings to condemn the right of way through the land of Blackshire, one of the plaintiffs in error, situate in the county of Chase. The amount of damages awarded by the commissioners was $577.50, and this amount was duly deposited by the company with the treasurer of the county. Blackshire appealed from this assessment of damages, and recovered a judgment in the district court for $2,400. This judgment was brought by the company to this court, and affirmed. (A. T. & S. F. Rld. Co. v.…
2Cases cited4 opinions
- Baltimore and Susquehanna Railroad Co. v. NesbitSupreme Court of the United States · 1851
- Carli v. Stillwater & Saint Paul RailroadSupreme Court of Minnesota · 1871
- Stacey v. Vermont Central RailroadSupreme Court of Vermont · 1854
- Atchison, Topeka & Santa Fe Railroad v. BlackshireSupreme Court of Kansas · 1872
3Cited by23 opinions
- St. Louis, Lawrence & Denver Railroad v. WilderSupreme Court of Kansas · 1876
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- Texarkana & Ft. S. Ry. Co. v. BrinkmanCourt of Appeals of Texas · 1926
- Kindred v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1909
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