Hughes v. Milligan
Supreme Court of Kansas
Error from Jackson District Court. Action brought by the plaintiff in error to enjoin the opening of a highway through her land. At the trial, at the November term, 1885, a judgment was rendered for the defendants.
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Error from Jackson District Court. Action brought by the plaintiff in error to enjoin the opening of a highway through her land. At the trial, at the November term, 1885, a judgment was rendered for the defendants. The court made findings of fact as follows: “1. The plaintiff at the commencement of this action was and still is the owner and seized in fee of the premises in her petition described, and has been the owner thereof since the 12th day of October, 1883. “2. At the commencement of this action all of said premises was inclosed with a good and substantial fence erected in the summer of…
1Opinion of the Court
Opinion by.Holt, C.:
The plaintiff complains, first, that chapter 67, Laws of 1867, as amended by chapter 57, Laws of 1869, is unconstitutional, contravening §17, article 2, which provides “ that in all cases where a general law can be made applicable no special law shall be enacted.” This is no longer an open question in this state. It has been held that the legislature must determine whether the purposes of a particular law can or cannot be expediently accomplished by a general law. (The State v. Hitchcock, 1 Kas. 178; Beach v. Leahy, 11 id. 23; Comm’rs of Norton Co. v. Shoemaker, 27 id. 77.)
2Cases cited3 opinions
- State ex rel. Johnson v. HitchcockSupreme Court of Kansas · 1862
- State v. MessengerSupreme Court of Minnesota · 1880
- Carbon Coal & Mining Co. v. DrakeSupreme Court of Kansas · 1881
3Cited by18 opinions
- State ex rel. Little v. SpencerSupreme Court of Kansas · 1894
- Rathbone v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1897
- Hicks v. DavisSupreme Court of Kansas · 1916
- State Ex Rel. Smith v. BrownSupreme Court of Oklahoma · 1909
- Estate of Helen M. Johnson, Deceased, Lolita McNeill Muhm, Independent v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1983
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