Masters v. McHolland
Supreme Court of Kansas
Error from Leavenworth District Court. Injunction, brought by Masters, as plaintiff, against J. H. McHolland, as township trustee, Theodore Myers, as road overseer, and the Board of County Commissioners, to enjoin the opening of a certain road through plaintiff’s land. The facts are fully stated in the opinion.
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Error from Leavenworth District Court. Injunction, brought by Masters, as plaintiff, against J. H. McHolland, as township trustee, Theodore Myers, as road overseer, and the Board of County Commissioners, to enjoin the opening of a certain road through plaintiff’s land. The facts are fully stated in the opinion. The district court, at the May Term 1872, found in favor of the defendants, dissolved a temporary injunction previously granted, and gave judgment against the plaintiff for costs. The plaintiff brings the case here for review. 1. Section 6 of the road law, Gen. Statutes of 1868, ch.…
1Opinion of the Court
*23The opinion of the court was delivered by
Brewer, J.:
Plaintiff in error brought her action to enjoin the opening of a road. The case was tried by the court, special findings of fact made, and judgment rendered for defendant. It was admitted on the trial that the proceedings for the opening of the road were in form, and legal, up to the action of the county board on the 17th of September 1871. The plaintiff, the owner of a portion of the land taken for the road, appeared before the viewers and claimed' $400 as damages. The report of the viewers was favorable to the. road, and they recommended…
2Cases cited7 opinions
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- Sherman v. BuickCalifornia Supreme Court · 1867
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