Legal Opinion

Harvey v. Kansas, Nebraska & Dakota Railway Co.

Supreme Court of Kansas

Decided January 15, 1891Published

Error from Anderson District Court. The opinion contains a sufficient statement of the facts. To reverse an order granting a temporary injunction, made on July 9, 1888, the defendants, Harvey and two others, bring the case here.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The Kansas, Nebraska & Dakota Railway Company commenced its action in the district court of Anderson county to perpetually enjoin the defendants, J. T. Harvey and George E. Harvey and another, from prosecuting certain condemnation proceedings already instituted by them and pending in that court. A temporary injunction was also *229prayed for, and the question whether a temporary injunction .should be allowed or not was heard before the court, and the temporary injunction was granted, restraining the Harveys from further prosecuting their…

2Cases cited2 opinions

  1. Kansas Pacific Railway Co. v. HopkinsSupreme Court of Kansas · 1877
  2. St. Joseph & Denver City Railroad v. DrydenSupreme Court of Kansas · 1873

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