Kansas Pacific Rly. Co. v. Simpson
Supreme Court of Kansas
Error from Douglas District Court, Simpson obtained an order of injunction restraining the Railway Company from making use of a case made in the district court, or a transcript thereof, such case having been made in an action wherein Simpson was plaintiff, and the Railway Company was defendant. ■ The petition and proof on which said injunction was allowed, shows that the case, the use of which was so enjoined, was presented to the district' judge in vacation by an attorney…
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Error from Douglas District Court, Simpson obtained an order of injunction restraining the Railway Company from making use of a case made in the district court, or a transcript thereof, such case having been made in an action wherein Simpson was plaintiff, and the Railway Company was defendant. ■ The petition and proof on which said injunction was allowed, shows that the case, the use of which was so enjoined, was presented to the district' judge in vacation by an attorney for said Railway Company, and a representation then made by such attorney that notice had been duly given to the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
In an action between these parties the defendant in error recovered a judgment against the plaintiff in error in the district court of Douglas county for the possession of certain real estate. Plaintiff in error, purposing to seek a reversal of that judgment, caused a case made to be prepared, signed by the judge, and attested by the clerk. Thereupon the defendant in error, claiming that such case made was fraudulently obtained, brought his action in the same court to restrain the plaintiff in error from using it, and to vacate the order…
2Cases cited1 opinion
- McClure v. Mo. River, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1872
3Cited by3 opinions
- M. K. & T. Railway Co. v. City of Fort ScottSupreme Court of Kansas · 1875
- Splawn v. PerrySupreme Court of Oklahoma · 1913
- Muse v. WaferSupreme Court of Kansas · 1883