Legal Opinion

Brown v. Galena Mining & Smelting Co.

Supreme Court of Kansas

Decided July 15, 1884PublishedCited by 24 opinions

Error from Bourbon District Court. The opinion states the nature of the action, and the material facts. Trial at the September Term, 1883, and judgment for costs against Brown and another, plaintiffs. They bring the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Hurd, J.:

On the 26th day of August, 1880, the Galena Mining and Smelting Company, defendant in error, commenced a suit in the district court of Cherokee county, to restrain the plaintiffs in error and two others from mining for mineral under the streets and alleys adjacent to a certain lot in the city of Galena, in Cherokee county, and caused a temporary order of injunction to be issued, and on the issuing of which, the defendants in error executed an undertaking as required by § 242, ch. 80, Comp. Laws. On the second day of December, 1880, the court,…

2Cases cited3 opinions

  1. Mills v. HoagNew York Court of Chancery · 1837
  2. Bemis v. GannettNebraska Supreme Court · 1879
  3. Dunkin v. LawrenceNew York Supreme Court · 1847

3Cited by24 opinions

  1. Wells v. ShriverSupreme Court of Oklahoma · 1921
  2. Connell v. State Highway CommissionSupreme Court of Kansas · 1964
  3. Cohn v. LehmanSupreme Court of Missouri · 1887
  4. Allen v. DodsonSupreme Court of Kansas · 1888
  5. Tullock v. MulvaneSupreme Court of Kansas · 1900

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