Legal Opinion

Board of Commissioners v. Bisby

Supreme Court of Kansas

Decided July 15, 1887PublishedCited by 5 opinions

Error from Wabaunsee District Court. Appeal by Bisby to the district court from the allowance of damages by the county board of Wabaunsee county on account of the' establishment of a public road over plaintiff’s land. Trial by the court at the March Term, 1885, and judgment for the plaintiff for $99.40 damages, and $60.65 costs. The County brings the case here.

1Opinion of the Court

Opinion by

Clogston, C.:

The only errors complained of in this case are: First, that the court erred in refusing to allow the defendant to introduce in evidence the township record, tending to show a location and establishment of a public road through plaintiff’s land in 1859; second, the court erred in refusing to admit in evidence the record of the county clerk, tending to show the location of a public road over a part of the plaintiff’s land in 1868; and third, that the judgment-ought to have been for the defendant below instead of for the plaintiff. The statute under which this appeal was…

2Cited by5 opinions

  1. Southern Ry. Co. v. JenningsTennessee Supreme Court · 1914
  2. Flemming v. Board of County CommissionersSupreme Court of Kansas · 1925
  3. Briggs v. Board of CommissionersSupreme Court of Kansas · 1888
  4. Chicago, R. I. & P. Ry. Co. v. WilliamsDistrict Court, D. Kansas · 1906
  5. Nelson v. Board of County CommissionersSupreme Court of Kansas · 1910

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