Bonnewell v. Lowe

Citations

• 80 Kan. 769
• 104 P. 853
• 1909 Kan. LEXIS 159

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Bight to a Review — Change of the Status Quo. Where the trial court refuses an injunction the right of review is not necessarily defeated by the full performance pending an appeal of the act sought to be enjoined. The court has jurisdiction to order the restoration of the original status, if the nature of the case is such that.the order can be made effective.</p> <p>2. Drainage — Location of a Ditch — Route Described in the Petition. Under the provision of the drainage s_tatute (Gen. Stat. 1901, § 2538) that upon the filing of a petition for a ditch, setting forth a substantial description of its proposed starting-point, route and termination, the township trustee shall upon certain conditions locate such ditch “as substantially conforms with the route described in the petition,” it is not necessary that the termini and route of the ditch as constructed shall correspond exactly with the description in the petition. A considerable variation in this respect is not ground for declaring the proceedings void when collaterally attacked.</p> <p>3. - Finding that Establishment of Ditch is Necessary. Under the statute (Gen. Stat. 1901, § 2538) providing that the township trustee shall locate a drainage-ditch under certain conditions if he finds it necessary, and that the clerk shall make a full and complete record of all the proceedings in connection therewith, an order for the establishment of such a ditch will not upon a collateral attack be held’void because no formal finding of its necessity has been recorded.</p> <p>4. - Location of Ditch — Parties Benefited. The requirement of the statute (Gen. Stat. 1901, § 2539) .that for the purpose of apportioning the cost a drainage-ditch shall be divided into “sections not less in number than the number of owners of land through which the same may be located” does not imply that each owner is to construct so much of it as lies upon his own land.</p> <p>5. - Obstruction of Ditch — R