Holderman v. Hood
Supreme Court of Kansas
Error from Lyon district court; Fredeeick A. Meckel, judge. STATEMENT. A MORE detailed statement of the facts involved in this action will be found in Holderman v. Hood, 70 Kan. 267, 78 Pac. 838, Benson v. Battey, 70 Kan. 288, 78 Pac. 844, and Martindale v. Battey, 73 Kan. 92, 84 Pac. 527, the last two cases being separate appeals in the same action.
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Error from Lyon district court; Fredeeick A. Meckel, judge. STATEMENT. A MORE detailed statement of the facts involved in this action will be found in Holderman v. Hood, 70 Kan. 267, 78 Pac. 838, Benson v. Battey, 70 Kan. 288, 78 Pac. 844, and Martindale v. Battey, 73 Kan. 92, 84 Pac. 527, the last two cases being separate appeals in the same action. In all of these cases the same facts were pleaded by this plaintiff in error and the sufficiency of such pleading was involved. A sufficient résumé of the facts to give an understanding of the questions herein discussed is as follows: In 1901 the…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
One question only is involved: Is the plaintiff in error estopped by the judgment of the district court of Shawnee county rendered upon the general demurrer?
It is contended by the plaintiff in error that the judgment, while in form affirmed by this court, was essentially reversed; that the decision of the district court was that the cross-petition stated no cause of action, while the judgment was affirmed in this court for the reason that the cross-petition stated two causes of action improperly joined; that estoppel is based upon equity, and…
2Cases cited9 opinions
- De Sollar v. HanscomeSupreme Court of the United States · 1895
- Alley v. NottSupreme Court of the United States · 1884
- Griffin v. SeymourSupreme Court of Iowa · 1863
- Brown v. KirkbrideSupreme Court of Kansas · 1878
- Holderman v. HoodSupreme Court of Kansas · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- New v. SmithSupreme Court of Kansas · 1911
- Gideon v. Bo-Mar Homes, Inc.Supreme Court of Kansas · 1970
- Lambert v. RheaSupreme Court of Kansas · 1931
- Shelley v. Sentinel Life InsuranceSupreme Court of Kansas · 1937
- Stimec v. VerderberSupreme Court of Kansas · 1940
5 more not listed; retrieve them via the Exa API.