Bell v. Keepers
Supreme Court of Kansas
Error from Wyandotte District Court. Action by Keepers against Bell, to recover $2,000 as damages for malicious prosecution. The transactions out of which the prosecution arose are substantially as follows: Bell sold Keepers a tract of laud, and a barn which the latter was to move upon the land and occupy and maintain as a canning factory, and was to pay as the purchase-price therefor $40 per month until the premises were paid for.
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Error from Wyandotte District Court. Action by Keepers against Bell, to recover $2,000 as damages for malicious prosecution. The transactions out of which the prosecution arose are substantially as follows: Bell sold Keepers a tract of laud, and a barn which the latter was to move upon the land and occupy and maintain as a canning factory, and was to pay as the purchase-price therefor $40 per month until the premises were paid for. Keepers made default in the payments, and desired to remove from the property. The contract provided that upon a failure to make payments the contract might be…
1Opinion of the Court
Opinion by
Clogston, C.:
The prosecution of which the defendant in error complains was commenced by plaintiff in error, S. B. Bell, upon the following complaint:
“State oe Kansas, County op Wyandotte, ss.: Simeon B. Bell, of lawful age, being first duly sworn, says that at the county of Wyandotte and state of Kansas, and on or about the 24th day of March, 1885, one Keepers did unlawfully and willfully enter into and destroy personal property and trespass upon the premises of the affiant, contrary to statute in such case made and provided. S. B. Bell.”
A warrant was issued substantially following…
2Cases cited4 opinions
- Shaul v. BrownSupreme Court of Iowa · 1869
- Thaule v. . KrekelerNew York Court of Appeals · 1880
- Parli v. ReedSupreme Court of Kansas · 1883
- Bauer v. ClaySupreme Court of Kansas · 1871
3Cited by26 opinions
- Malley v. BriggsSupreme Court of the United States · 1986
- Kuhnhausen v. StadelmanOregon Supreme Court · 1944
- Karen Kelly Austin, Individually and as Natural Tutrix of Minors, Renee Chevelle Henry and Raenell Lynn Henry v. Ronald Borel and Janenne TrahanCourt of Appeals for the Fifth Circuit · 1987
- McIntosh v. WalesWyoming Supreme Court · 1913
- Gogue v. MacDonaldCalifornia Supreme Court · 1950
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