Legal Opinion

Board of Commissioners v. Labore

Supreme Court of Kansas

Decided July 15, 1887PublishedCited by 32 opinions

Error from Smith District Court. On July 11,1884, the board of county commissioners of Smith county established a public, road across the lands of C. C. Labore, Lewis W. Labore, Arthur C. Labore, and others. The commissioners awarded to C. C. Labore $66.67 damages, to Lewis W. Labore $133.33 damages, and to Arthur C. Labore nothing; and these parties severally appealed to the district court.

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Error from Smith District Court. On July 11,1884, the board of county commissioners of Smith county established a public, road across the lands of C. C. Labore, Lewis W. Labore, Arthur C. Labore, and others. The commissioners awarded to C. C. Labore $66.67 damages, to Lewis W. Labore $133.33 damages, and to Arthur C. Labore nothing; and these parties severally appealed to the district court. Afterward, and by consent of all the parties, the appeals were consolidated, and all heard together as one ease. This consolidated case was tried before the court and a jury, at the April Term, 1885, and…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The defendants in error, plaintiffs below, move to dismiss the petition in error and case from this court, for the reason that the case was not brought to this court within one year after the judgment of the court below was rendered. It appears from the record that the judgment of the court was rendered on April 28, 1885. When the motion for a new trial was overruled, whether before or after the rendering of the judgment, or at the same time, is not shown. The petition in error, the case, and a precipe for a summons, were all filed in…

2Cases cited5 opinions

  1. Thompson v. Wheeler & Wilson Manufacturing Co.Supreme Court of Kansas · 1883
  2. Baltimore & Ohio Rail Road v. ThompsonCourt of Appeals of Maryland · 1856
  3. Gerrard v. Omaha, Niobrara & Black Hills RailroadNebraska Supreme Court · 1883
  4. Renwick v. D. & N. W. R. Co.Supreme Court of Iowa · 1878
  5. Parks v. City of BostonMassachusetts Supreme Judicial Court · 1834

3Cited by32 opinions

  1. Jonas v. StateWisconsin Supreme Court · 1963
  2. Moore v. Peet Bros. Manufacturing Co.Supreme Court of Kansas · 1917
  3. Eisenring v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1958
  4. Lake Koen Navigation, Reservoir & Irrigation Co. v. McLain Land & Investment Co.Supreme Court of Kansas · 1904
  5. Kansas City, Olathe, Lawrence & Topeka Railway Co. v. WeidenmannSupreme Court of Kansas · 1908

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