Armstrong v. Moore
Court of Appeals of Kansas
Memorandum. — Error from Kingman district court; S. W. Leslie, judge. Action on an official bond by Philando Armstrong against A. B. Moore and others. There was a judgment for defendants on a demurrer to the petition, and plaintiff brings error.
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Memorandum. — Error from Kingman district court; S. W. Leslie, judge. Action on an official bond by Philando Armstrong against A. B. Moore and others. There was a judgment for defendants on a demurrer to the petition, and plaintiff brings error. The statement of the case, as made by Johnson, P. J., is as follows : This action was commenced by Philando Armstrong against A. B. Moore, as treasurer of Kingman county, and the other defendants as sureties on the bond of said treasurer. The plaintiff alleged in his petition that on the 1st day of September, 1888, the defendant, Benjamin F. Frazier,…
1Opinion of the Court
The opinion of the court was delivered by
Johnson, P. J. :
The record in this case presents but one single question — as to whether the petition of plaintiff states facts sufficient to constitute a cause of action, and whether the county treasurer became liable to plaintiff as mortgagee for the sum secured by the mortgage upon the facts alleged in the petition. It is alleged in the petition of the plaintiff that on the 1st day of March, 3890, the Hutchinson, Okla*453liorna & Gulf Railway Company, a duly chartered and organized railway corporation, proposed to construct its road through Kingman…
2Cases cited6 opinions
- United States v. DunningtonSupreme Court of the United States · 1892
- St. Louis, Lawrence & Denver Railroad v. WilderSupreme Court of Kansas · 1876
- Goodrich v. Board of CommissionersSupreme Court of Kansas · 1891
- Kuhn v. FreemanSupreme Court of Kansas · 1875
- Chicago, Kansas & Western Railroad v. SheldonSupreme Court of Kansas · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gasaway v. City of SeattleWashington Supreme Court · 1909
- Kansas & Colorado Pacific Railway Co. v. PhippsCourt of Appeals of Kansas · 1896