Poirier v. Fetter
Supreme Court of Kansas
Error from Doniphan District Court. Injunction, brought by Fetter, against Poirier, trustee of Washington township. Fetter alleged that he was the owner in fee simple of a certain quarter-section of land lying in Washington township, and alleged that Poirier, as trustee of said township, “on the 7th of March 1877, unlawfully entered upon said premises of plaintiff, and threatened and attempted to throw down the fences of the plaintiff for the purpose of laying out and…
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Error from Doniphan District Court. Injunction, brought by Fetter, against Poirier, trustee of Washington township. Fetter alleged that he was the owner in fee simple of a certain quarter-section of land lying in Washington township, and alleged that Poirier, as trustee of said township, “on the 7th of March 1877, unlawfully entered upon said premises of plaintiff, and threatened and attempted to throw down the fences of the plaintiff for the purpose of laying out and opening a public highway along and near to the south side of the lands of the plaintiff, and leave thereby the said premises…
1Opinion of the Court
The opinion of the court was delivered by
Bkewek, J.:
Action of injunction, to restrain defendant, as a public officer, from tearing down fences for the purpose of opening a public highway through plaintiff’s land, where in fact no highway had ever been established. The petition alleges ownership by plaintiff, the non-existence of a highway, and the acts and threatened acts of the officer. The question arises on demurrer; and it is objected that the wrong is a mere trespass, that the trespasser is not alleged to be insolvent, and that a general allegation that the threatened damages are…
2Cases cited6 opinions
- Weigel v. WalshSupreme Court of Missouri · 1870
- Carpenter v. GrishamSupreme Court of Missouri · 1875
- Bohlman v. Green Bay & Lake Pepin Railway Co.Wisconsin Supreme Court · 1872
- Diedrichs v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1873
- Mo. Riv., Ft. Scott & Gulf R. R. v. WheatonSupreme Court of Kansas · 1871
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3Cited by17 opinions
- Richards v. DowerCalifornia Supreme Court · 1883
- Chapman v. DeanOregon Supreme Court · 1911
- Union Pacific Railway Co. v. KindredSupreme Court of Kansas · 1890
- Gano v. CunninghamSupreme Court of Kansas · 1912
- Knickerbocker Ice Co. v. SurpriseIndiana Court of Appeals · 1912
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