Cemetery Ass'n v. Meninger
Supreme Court of Kansas
Error from Wyandotte District Court. Meninger brought -trespass against The City Cemetery Association, a corporation, to recover damages for breaking and entering plaintiff’s close and tearing down his fences, etc. The action was commenced before a justice of the peace.
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Error from Wyandotte District Court. Meninger brought -trespass against The City Cemetery Association, a corporation, to recover damages for breaking and entering plaintiff’s close and tearing down his fences, etc. The action was commenced before a justice of the peace. Defendant denied plaintiff’s title to the premises, and the case was thereupon certified to the district court, where it was tried at the October Term 1873. The real question was, whether the locus in quo was a highway. The facts are fully stated in the opinion. Meninger had judgment for $20 damages, and the defendant brings…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The question in this case is as to the existence-of an alleged highway. The facts are these: In 1857 one Sophia Clement was the owner of a tract of about seventy acres, a little north of the city of Wyandotte. A portion of this, on the west side, was inclosed and occupied by her as a residence. Along the east of this inclosure was a traveled road which ran from the city of Wyandotte to a saw-mill. In 1857 or 1858 she sold ten acres east of her inclosure for a cemetery, and which in the latter year was fenced and platted into lots. Between…
2Cases cited12 opinions
- Bankhead v. BrownSupreme Court of Iowa · 1868
- Sherman v. BuickCalifornia Supreme Court · 1867
- Onstott v. MurraySupreme Court of Iowa · 1867
- State of Michigan v. . Phoenix BankNew York Court of Appeals · 1865
- Masters v. McHollandSupreme Court of Kansas · 1873
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3Cited by29 opinions
- Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
- State Ex Rel. Stephan v. LaneSupreme Court of Kansas · 1980
- Siegenthaler v. NewtonSupreme Court of Oklahoma · 1935
- Haslerig v. WatsonSupreme Court of Georgia · 1949
- Smith & Gaston Funeral Directors, Inc. v. DeanSupreme Court of Alabama · 1955
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