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State Highway Commission v. Hembrow

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eBook details

  • Title: State Highway Commission v. Hembrow
  • Author : Supreme Court of Kansas
  • Release Date : January 26, 1963
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

The opinion of the court was delivered by In this original action the plaintiff, State Highway Commission, seeks a writ of mandamus against the defendants as judges of the district court of Dickinson County, commanding them to set aside the order of reference for trial of issues of law and fact in the case of The Abilene Country Club v. The State Highway Commission, No. 15,192, and to grant plaintiff a jury trial on the amount of damages to be awarded the owner for the taking of private property for public use. On February 12, 1962, an alternative writ of mandamus was issued commanding the defendants to grant plaintiff the relief sought, or to answer and show cause why they should not do so. On March 3, 1962, the defendants answered and on May 1, 1962, plaintiff filed a motion for judgment on the pleadings. Since the facts are fully stated in plaintiff's motion for a writ of mandamus and admitted by defendants' answer, further reference to the pleadings is unnecessary, and pertinent facts are summarized:


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