Winfield Town Co. v. Maris
Supreme Court of Kansas
Error from Cowley District Court. The petition filed in the district court was entitled as follows: “Enoch Maris, A. A. Jackson, and C. H. Kingsbury, who sue for the benefit of all the occupants of the town site of Winfield, plaintiffs, against The Winfield Town Company, The Winfield Town Association, and T. B. Ross, probate judge in and for Cowley county, defendants.”
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Error from Cowley District Court. The petition filed in the district court was entitled as follows: “Enoch Maris, A. A. Jackson, and C. H. Kingsbury, who sue for the benefit of all the occupants of the town site of Winfield, plaintiffs, against The Winfield Town Company, The Winfield Town Association, and T. B. Ross, probate judge in and for Cowley county, defendants.” The body of the petition is as follows: “The plaintiffs say, that for a long time prior to the 10th of July 1871, the W.J of the N.E.-j;, and the E.-J of the N.W. J of sec. 28, township 32 south, of range 4 east, situate in…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
*1471. Plaintiff’s incapacity to sue. Defect of parties plaintiff and defendant. *146This action was brought by defendants in error and A. A. Jackson in behalf of themselves and all others, occupants of the town site of Winfield, to vacate certain deeds made by the probate judge of Cowley county to the Winfield Town Company and the Winfield Town Association. The questions made arise on a demurrer which was overruled. The demurrer was not tenable on the first ground *147alleged in it, that the plaintiff had no legal capacity ° , r ° . *° sue> ^or…
2Cases cited6 opinions
- Barnes v. City of BeloitWisconsin Supreme Court · 1865
- Castner v. GuntherSupreme Court of Minnesota · 1861
- Newcomb v. HortonWisconsin Supreme Court · 1864
- Mann v. MarshNew York Supreme Court · 1861
- In re SelbyMichigan Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Stiles, Treasurer v. City of GuthrieSupreme Court of Oklahoma · 1895
- McCloskey v. Pacific Coast Co.Court of Appeals for the Ninth Circuit · 1908
- Louisville & Nashville Railroad v. Brantley's Adm'rCourt of Appeals of Kentucky · 1894
- Board of Com'rs of Rogers County v. BaxterSupreme Court of Oklahoma · 1925
41 more not listed; retrieve them via the Exa API.