State ex rel. Bender v. Johnston
Supreme Court of Kansas
Appeal from Jackson district court; Marshall Gephart, judge. STATEMENT. This suit was commenced by the filing of a petition in the district court of Jackson county, in the name of the state, on the relation of the county attorney, as plaintiff, against the appellant, J. H. Johnston, his wife, and the city of Holton, as defendants, perpetually to enjoin the maintenance of a nuisance.
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Appeal from Jackson district court; Marshall Gephart, judge. STATEMENT. This suit was commenced by the filing of a petition in the district court of Jackson county, in the name of the state, on the relation of the county attorney, as plaintiff, against the appellant, J. H. Johnston, his wife, and the city of Holton, as defendants, perpetually to enjoin the maintenance of a nuisance. The petition alleges that the city had constructed a sewer, for the purpose of carrying off surface-water only, running about two blocks by and beyond Johnston’s hotel, where it emptied into an open ditch; that…
1Opinion of the Court
*617The opinion of the court was delivered by
Smith, J.:
Twenty-six assignments of error are made, Nos. 1, 2 and 3 of which are objections to the-jurisdiction of the probate judge to make the order which he granted. Section 239 of the civil code was. amended by chapter 281 of the Laws of 1901 (Gen.. Stat. 1901, §4686), and by the amendment probate-judges were devested of the power to allow temporary injunctions, and were authorized to issue restraining-orders only upon certain contingencies. This is now the limit of the jurisdiction of a probate judge in this regard. “Temporary injunction” and…
2Cases cited2 opinions
- State v. ThomasSupreme Court of Kansas · 1906
- Rowe v. PalmerSupreme Court of Kansas · 1883
3Cited by21 opinions
- Harsch v. MillerSupreme Court of Kansas · 2009
- State Ex Rel. Attorney General v. OwensSupreme Court of Oklahoma · 1927
- City of Emporia v. Emporia Telephone Co.Supreme Court of Kansas · 1913
- In re SharpSupreme Court of Kansas · 1912
- State Ex Rel. Anderson v. EnglerSupreme Court of Kansas · 1957
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