Legal Opinion

Mendenhall v. School District No. 83

Supreme Court of Kansas

Decided June 8, 1907No. 15,109PublishedCited by 18 opinions

Error from Jewell district court; Richard M. Pickler, judge. STATEMENT. On September 12, 1905, the defendant in error commenced this suit in the district court of Jewell county to enjoin the plaintiff in error from trespassing upon its premises. The real question involved is the ownership of the land occupied by the district as a site for its schoolhouse.

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Error from Jewell district court; Richard M. Pickler, judge. STATEMENT. On September 12, 1905, the defendant in error commenced this suit in the district court of Jewell county to enjoin the plaintiff in error from trespassing upon its premises. The real question involved is the ownership of the land occupied by the district as a site for its schoolhouse. It appears that in 1898 the people .of this district desired to move the schoolhouse to a more central location, but had no site which was satisfactorily situated. David Ross resided in the district, and owned a farm near its center. He…

1Opinion of the Court

The opinion of the court was delivered by

Graves, J.:

The plaintiff in error presents two questions: (1) Does section 322 of the code (Gen. Stat. 1901, § 4770), concerning transactions had with deceased persons, apply to corporations? (2) Will injunction lie to prevent a naked trespass to realty?

The school district, to show the transaction with David Ross, used as witnesses the district officers with whom Ross had conversations at and about the time the district accepted and took possession of the new site. Some of these witnesses were officers of the district when the transaction occurred, and…

2Cases cited13 opinions

  1. Wootters v. HaleTexas Supreme Court · 1892
  2. State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
  3. Potter v. National BankSupreme Court of the United States · 1880
  4. Williams v. Taylor, District ClerkTexas Supreme Court · 1892
  5. In re Will of BruendlWisconsin Supreme Court · 1899

8 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Armstrong v. Topeka Railway Co.Supreme Court of Kansas · 1914
  2. Roy v. MooreSupreme Court of Connecticut · 1912
  3. Gaines Bros. Co. v. GainesSupreme Court of Oklahoma · 1936
  4. Women's Health Care Services P.A. v. Operation Rescue-NationalDistrict Court, D. Kansas · 1991
  5. Clark v. VaughanSupreme Court of Kansas · 1930

13 more not listed; retrieve them via the Exa API.

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