Legal Opinion

Board of Commissioners v. Carter

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 1 opinion

Error from Chase District Court. L. K. Carter commenced an action in the district court of Chase county, upon a petition in error, from the action of the Board of Commissioners of that county, in establishing a public road upon and across certain lands, owned by him in said county. January 13,1880, the district court vacated the order aforesaid, and the Board, defendant, brings the case here.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This action was commenced in the district court of Chase county, by the defendant in error, who was *512plaintiff below, upon a petition in error from the action of the board of county commissioners of that county, in establishing and ordering to be opened a certain road in said county, in which said petition the board of county commissioners was made the only defendant.

Many questions are presented and discussed by counsel, but we shall consider but one, because that is both preliminary and decisive. In due season, the right of plaintiff to…

2Cases cited2 opinions

  1. State v. AndersonSupreme Court of Kansas · 1869
  2. Comm'rs of Wabaunsee Co. v. MuhlenbackerSupreme Court of Kansas · 1877

3Cited by1 opinion

  1. Board of Commissioners v. CartterSupreme Court of Kansas · 1883

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