Legal Opinion

Van Bentham v. Board of Commissioners

Supreme Court of Kansas

Decided January 15, 1892PublishedCited by 8 opinions

Error from Osage District Court. The opinion contains a sufficient statement of the facts. At the time of the rendition of the judgment for $378.70, plaintiff asked leave and offered to prove that when said alleged offer was made the plaintiff was not present, and did not refuse or accept such confession, and that he had no notice that the offer would be made, no personal notice of its amount, or the time of making it, and also that the plaintiff had no knowledge that the…

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Error from Osage District Court. The opinion contains a sufficient statement of the facts. At the time of the rendition of the judgment for $378.70, plaintiff asked leave and offered to prove that when said alleged offer was made the plaintiff was not present, and did not refuse or accept such confession, and that he had no notice that the offer would be made, no personal notice of its amount, or the time of making it, and also that the plaintiff had no knowledge that the offer had been made, except by being informed of it, some time afterwards, outside of court, which offer to prove was by…

1Opinion of the Court

Opinion by

Strang, C.:

This was an appeal from the

board of county commissioners of Osage county in allowing damages to the plaintiff in error on account of a public road laid out through his premises. The appeal came on for a hearing at the June, 1887, term of the district court of said county. Before the case was called, the parties entered into the following agreement:

“ It is hereby agreed between the parties hereto, that the questions to be determined by the jury shall be, is the road, as ordered and located by the board of county commissioners over and along the plaintiff’s land, of public…

2Cases cited2 opinions

  1. Briggs v. Board of CommissionersSupreme Court of Kansas · 1888
  2. Board of Commissioners v. HoganSupreme Court of Kansas · 1888

3Cited by8 opinions

  1. Samson v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1930
  2. Lewis Clark County v. NettMontana Supreme Court · 1928
  3. Municipal Airport Condemnation v. WagonerSupreme Court of Kansas · 1947
  4. State v. BrownSupreme Court of Kansas · 1936
  5. State v. HickersonSupreme Court of Kansas · 1959

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