Webster v. Cooke
Supreme Court of Kansas
Error from Lyon District Court. Action brought by Webster against Coolce, to enjoin the latter from interfering with the plaintiff’s flocks of sheep, in grazing upon certain land in Lyon county. May 5, 1879, .a temporary injunction was granted the plaintiff by the probate judge of said county, the judge of the district court being absent therefrom. July 24, 1879, the judge of the district court, at chambers, dissolved the injunction.
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Error from Lyon District Court. Action brought by Webster against Coolce, to enjoin the latter from interfering with the plaintiff’s flocks of sheep, in grazing upon certain land in Lyon county. May 5, 1879, .a temporary injunction was granted the plaintiff by the probate judge of said county, the judge of the district court being absent therefrom. July 24, 1879, the judge of the district court, at chambers, dissolved the injunction. The plaintiff excepted, and brings the case here. The facts are fully stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The purpose of this suit was to restrain the defendant in error from interfering with the flocks of the plaintiff in error in grazing on the wild grass growing on certain land in Lyon county. The petition alleges that the plaintiff is now, and for a long time past has been, engaged *638in sheep raising on his farm and sheep-ranch, very near the real estate herein described; that for the purpose of his business it is necessary to have the use and occupation, for grazing purposes, of a large tract of land adjoining and in the immediate vicinity…
2Cases cited1 opinion
- Walker v. ArmstrongSupreme Court of Kansas · 1863
3Cited by12 opinions
- Woodruff v. WallaceSupreme Court of Oklahoma · 1895
- Sproat v. DurlandSupreme Court of Oklahoma · 1894
- Clark v. VaughanSupreme Court of Kansas · 1930
- Mendenhall v. School District No. 83Supreme Court of Kansas · 1907
- Gano v. CunninghamSupreme Court of Kansas · 1912
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