Rush v. McDermott
Cases that cite this one
6 later published cases cite this decision.
- Pueblo v. Bird (Supreme Court of Puerto Rico 1904)
- Miller v. Murphy (Mont. 1946)
- Pueblo v. San Miguel (Supreme Court of Puerto Rico 1904)
- People v. San Miguel (Supreme Court of Puerto Rico 1904)
- People v. Bird (Supreme Court of Puerto Rico 1904)
- Davis v. Ford (Wash. 1896)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The administratrix has no power to bind the heirs by consenting to a proceeding under the provisions of the Political Code for laying out a public highway, by which they are divested of their estate in lands without their consent. If her acts in this case are to be construed as a consent on her part to the proceeding, they are to that extent void, and are not obligatory either upon her as administratrix or upon the heirs; and aside from the assumed assent of the administratrix, it is not pretended that any other person interested in the estate assented, or that any steps were taken to condemn the land. Under these circumstances, the order for establishing the road and declaring it to be a public highway cannot be supported.
Judgment and order reversed, and cause remanded. Remittitur forthwith.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.