Legal Opinion

Herbert v. Beathard

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 13 opinions

Error from, Brown District Court. Mandamus, brought by Beathard against Herbert, to compel the defendant as a justice of the peace to do certain acts mentioned in the opinion herein. Trial at the May Term, 1881, of the district court, and judgment for the plaintiff. The defendant brings the case here.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action of mandamus, brought by Thomas Beathard against L. S. Herbert, in the district court of Brown county, to compel the defendant, as justice of the peace, to perform certain acts, hereafter mentioned. The facts of the case are substantially as follows:

In October, 1880, the defendant in error, Thomas Beathard, commenced an action against Eldred Harrington before ~W. J. Richardson, a justice of the peace of Hiawatha township, Brown county, to recover damages alleged to have been suffered by said plaintiff by reason of…

2Cases cited1 opinion

  1. Smith v. StateSupreme Court of Kansas · 1863

3Cited by13 opinions

  1. Ellis v. WhitakerSupreme Court of Kansas · 1901
  2. State ex rel. Independent Publishing Co. v. SmithMontana Supreme Court · 1899
  3. Barnhart & Brother v. DavisSupreme Court of Kansas · 1883
  4. Marshall v. SittonSupreme Court of Oklahoma · 1918
  5. State ex rel. Gleim v. EvansMontana Supreme Court · 1893

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