Methodist Episcopal Church South v. City of Wyandotte
Supreme Court of Kansas
Error from Wyandotte District Court. Action by The Methodist Episcopal Church South, of Wyandotte City, Kansas, against The City of Wyandotte.
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Error from Wyandotte District Court. Action by The Methodist Episcopal Church South, of Wyandotte City, Kansas, against The City of Wyandotte. On May 23, 1883, the plaintiff filed the following petition (omitting court and title): “The plaintiff states that it is a religious corporation, existing, organized and incorporated under the laws of the state of Kansas, and known by the corporate name of the Methodist Episcopal Church South, of Wyandotte City, Kansas, and complains and alleges that the defendant, the city of Wyandotte, is a municipal corporation, created, existing and incorporated…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The question arises, whether under the allegations of the petition the plaintiff is entitled to recover damages. The act relating to cities of the second class provides that “the cities coming under the provisions of this act in their corporate capacities, are authorized and empowered to enact ordinances for the following purposes, in addition to the other powers granted by law: . . . Second, To open and improve streets, avenues, and alleys, make sidewalks and build bridges, culverts and sewers within the city. (Laws of 1881, ch. 48, § 2;…
2Cases cited4 opinions
- Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
- Smith Ex Rel. Cushing v. Corporation of WashingtonSupreme Court of the United States · 1858
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- City of Atchison v. ChallissSupreme Court of Kansas · 1872
3Cited by14 opinions
- State v. DouglasSouth Dakota Supreme Court · 1944
- Talcott Bros. v. City of Des MoinesSupreme Court of Iowa · 1906
- Green River Development Co. v. FMC Corp.Wyoming Supreme Court · 1983
- Ottawa, Osage City & Council Grove Railroad v. LarsonSupreme Court of Kansas · 1888
- Klipp v. City of HoytSupreme Court of Kansas · 1916
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