M. K. & T. Railway Co. v. Crowe
Supreme Court of Kansas
Error from I/yon Distinct Court. Crowe brought his action against the Railway Co. to recover damages for breaking and entering the close of the plaintiff, the-N.’W.-J of sec. 14, township 19 south, of range 11 east, in Lyon county, unlawfully, and with force, on the 15th of December 1869, and on divers days and times since that day, and digging up clay, of the value of $100, said clay being and lying on lands not belonging to the defendant, but on said lands of plaintiff.
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Error from I/yon Distinct Court. Crowe brought his action against the Railway Co. to recover damages for breaking and entering the close of the plaintiff, the-N.’W.-J of sec. 14, township 19 south, of range 11 east, in Lyon county, unlawfully, and with force, on the 15th of December 1869, and on divers days and times since that day, and digging up clay, of the value of $100, said clay being and lying on lands not belonging to the defendant, but on said lands of plaintiff. A second cause of action was for breaking and entering into said close of plaintiff and taking and carrying away clay of…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
This action was for damages resulting from the alleged trespasses of the plaintiff in- error on the premises of defendant in error. The petition prayed for treble damages. The defendant being in default, and a jury having been waived by the plaintiff, the cause was tried by the court, and a judgment’rendered for the plaintiff (defendant in error) for $300. Afterward plaintiff in error filed two motions to set aside the judgment. The first motion was on the ground that there had been no legal and valid service of the summons, by any…
2Cited by8 opinions
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- First National Bank v. WentwortSupreme Court of Kansas · 1882
- Green v. BulkleySupreme Court of Kansas · 1879
- First Nat. Bank of Tishomingo v. LathamSupreme Court of Oklahoma · 1913
- Shawnee-Tecumseh Traction Co. v. HenrySupreme Court of Oklahoma · 1925
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