City of Topeka v. Boutwell
Supreme Court of Kansas
Error from Shawnee District Court. D. W. Boutwell brought suit in the district court of Shawnee county against the City of Topeka, D. C. Metsker, its mayor, John F. Carter, Joseph Reed, Pat. Wilson, J. W. Gardiner, Henry Bernard, John Ewing, and Ben Williams, charging them with assault and battery, false imprisonment, and other wroDgs and indignities connected with such imprisonment, for which he demanded damages.
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Error from Shawnee District Court. D. W. Boutwell brought suit in the district court of Shawnee county against the City of Topeka, D. C. Metsker, its mayor, John F. Carter, Joseph Reed, Pat. Wilson, J. W. Gardiner, Henry Bernard, John Ewing, and Ben Williams, charging them with assault and battery, false imprisonment, and other wroDgs and indignities connected with such imprisonment, for which he demanded damages. A demurrer on the part of the city of Topeka to the petition was sustained. Demurrers of the other defendants were overruled. Metsker, by his answer, denied generally the…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
*29i Mai-o“s“ecTaia questions. *28Many questions are discussed by counsel. We shall consider only such as are necessary for the disposal of the case. The defendants stated, in writing, pertinent and material questions of fact to be submitted to the jury. These *29were filed with the clerk and banded to the court, together with special instructions asked, at the conclusion of the testimony. This was certainly in good time. It appears tha the attention of plaintiff’s counsel was not called to the fact that special questions were asked until after the…
2Cases cited4 opinions
- Ex Parte WilsonSupreme Court of the United States · 1885
- State ex. rel. Curtis v. City of TopekaSupreme Court of Kansas · 1886
- Bent v. PhilbrickSupreme Court of Kansas · 1876
- In re McCortSupreme Court of Kansas · 1893
3Cited by8 opinions
- Levier v. StateSupreme Court of Kansas · 1972
- Thomas v. COUNTY COM'RS OF SHAWNEE COUNTYSupreme Court of Kansas · 2011
- Roberts v. WilliamsDistrict Court, N.D. Mississippi · 1969
- Gardner v. McDowellSupreme Court of Kansas · 1969
- Allgood v. State Ex Rel. WilsonAlabama Court of Appeals · 1925
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