Legal Opinion

Carbon Coal & Mining Co. v. Drake

Supreme Court of Kansas

Decided July 15, 1881PublishedCited by 5 opinions

Error from, Osage District Court. Action brought by the The Carbon Coal and Miming Company against Drake, as trustee of Superior township, in Osage county, to enjoin the defendant from entering upon plaintiff’s premises to open a supposed highway. Trial at the April-Term, 1881, of the district court, and judgment for the defendant. The plaintiff brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action by the plaintiff in error against the defendant in error, to enjoin the latter, as trustee of Superior township, of Osage county, from entering upon the premises of the former to open a supposed highway for the public. Upon the trial, it was admitted and agreed by the parties that the defendant, at the time of filing the petition, was the trustee of Superior township, and as such trustee had ordered one D. M. Clemmer, as the .agent of plaintiff for the premises in controversy, to open a highway, which defendant claimed…

2Cases cited2 opinions

  1. Oliphant v. Comm'rs of Atchison CountySupreme Court of Kansas · 1877
  2. Eidemiller v. Wyandotte CityU.S. Circuit Court for the District of Kansas · 1873

3Cited by5 opinions

  1. Tholl v. KolesSupreme Court of Kansas · 1902
  2. Hughes v. MilliganSupreme Court of Kansas · 1889
  3. Mills v. GlasscockSupreme Court of Oklahoma · 1909
  4. Heacock v. SullivanSupreme Court of Kansas · 1905
  5. Green v. Daniels (In Re Daniels)United States Bankruptcy Court, D. Kansas · 1986

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