Legal Opinion

Burlington Water Works Co. v. City of Burlington

Supreme Court of Kansas

Decided January 15, 1890PublishedCited by 6 opinions

Error from, Woodson District Court. The opinion contains a sufficient statement of the case. The rulings brought here by the plaintiff Water Works Company for review, were made at the October term, 1889, of the district court.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

What the real facts of this case are we do not know, for the real facts have not been agreed upon by the parties nor found by the court below, nor has the case even been tried by the court below, or any court, except upon demurrers to the pleadings. The court below overruled a demurrer to the plaintiff’s petition; overruled a demurrer to the second, third, and fourth defenses of the defendant’s answer; overruled a demurrer to the third paragraph of the plaintiff’s reply; sustained a demurrer to the second, fourth, fifth, and sixth…

2Cases cited2 opinions

  1. Wickersham v. Chicago Zinc Co.Supreme Court of Kansas · 1877
  2. Wood v. National Water Works Co. of New YorkSupreme Court of Kansas · 1885

3Cited by6 opinions

  1. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  2. City of Topeka v. Topeka Water Co.Supreme Court of Kansas · 1897
  3. Cherryvale Water Co. v. City of CherryvaleSupreme Court of Kansas · 1902
  4. City of Winfield v. Winfield Water Co.Supreme Court of Kansas · 1893
  5. Wichita Water Co. v. City of WichitaDistrict Court, D. Kansas · 1916

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