Comm'rs of Leavenworth Co. v. Espen
Supreme Court of Kansas
Error from Leavenworth, District Court. Injunction, brought by Espen as plaintiff, to restrain the Board of Commissioners from opening a certain highway, known as the “Sullivan Road,” laid out and established in Leavenworth county.
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Error from Leavenworth, District Court. Injunction, brought by Espen as plaintiff, to restrain the Board of Commissioners from opening a certain highway, known as the “Sullivan Road,” laid out and established in Leavenworth county. Upon the hearing of the application the district court, at the April Term 1873, granted a temporary injunction: and from this order the Board of Commissioners appeal, and bring the case here on error. 1. It is admitted in the statement of the facts in this case, that Espen did not receive the notice required by § 4 of the road act. Does that entitle him to an order…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
A question of jurisdiction is raised for our determination. The board of commissioners of Leavenworth county, acting under the provisions of chapter 89, Gen. Stat. of 1868, attempted to establish a public road over the land of the defendant in error, situate in said county. By § 4 of ch. 89, it is the duty of one of the petitioners for the establishment of a road to give at least six days’ notice in writing to the owner or owners, or their agents, if residing in the county, through whose land such road is proposed to be laid out and…
2Cases cited2 opinions
- Venard v. CrossSupreme Court of Kansas · 1871
- Beebe v. ScheidtOhio Supreme Court · 1862
3Cited by5 opinions
- Willis v. SprouleSupreme Court of Kansas · 1874
- Troy v. Board of CommissionersSupreme Court of Kansas · 1884
- State v. FarrySupreme Court of Kansas · 1880
- State v. HornSupreme Court of Kansas · 1886
- Memphis, Kansas & Colorado Railway Co. v. Parsons Town Co.Supreme Court of Kansas · 1881