Comm'rs of Wabaunsee Co. v. Muhlenbacker
Supreme Court of Kansas
Error from Wabaunsee District Court. In August 1875 Muhlenbacker filed in the district court his petition in error, to reverse the orders made by the Board of Commissioners of Wabaunsee Co. in certain road proceedings. The district court, at the September Term 1875, reversed the orders complained- of, and the board of commissioners bring the case here on error for review. The facts and proceedings sufficiently appear in the. opinion.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The questions for consideration are, whether a district court, upon a petition in error, can vacate *130the orders of a board of county commissioners in locating and opening a proposed public highway, when the record fails to show jurisdiction on the part of the board making the orders, where no exception was taken thereto by the party complaining, and no appearance was made by such party in any of the proceedings had before the commissioners; and whether, in this case, upon the record, such want of jurisdiction sufficiently appears?
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2Cases cited2 opinions
- Kœhler v. BallSupreme Court of Kansas · 1863
- Willis v. SprouleSupreme Court of Kansas · 1874
3Cited by16 opinions
- Gehlenberg v. HartleySupreme Court of Kansas · 1917
- Board of Commissioners v. CartterSupreme Court of Kansas · 1883
- McCluggage v. LoomisSupreme Court of Kansas · 1954
- Board of Commissioners of Woodson County v. HeedSupreme Court of Kansas · 1885
- Hentzler v. BradburyCourt of Appeals of Kansas · 1896
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