Legal Opinion

Topeka Capital Co. v. March

Court of Appeals of Kansas

Decided July 11, 1900No. 734Published

Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This proceeding in error is prosecuted to reverse a judgment of the district court of Shawnee county. The material facts necessary to a proper understanding of the case are stated in the pleadings.

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Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This proceeding in error is prosecuted to reverse a judgment of the district court of Shawnee county. The material facts necessary to a proper understanding of the case are stated in the pleadings. The petition, in substance, was as follows: ‘ ‘ That at the time hereinafter mentioned the defendant, the Topeka Capital Company, was a corporation duly organized and existing under and by virtue of the laws of the state of Kansas, and that defendant Dell Keizer was, on the 1st day of February, 1896, for a long time prior thereto,…

1Opinion of the Court

The opinion of the court was delivered by

McElkoy, J.:

There are nineteen formal assignments of error, but we deem it unnecessary to comment upon them all separately. The facts disclosed by the record are as follows: The Topeka Capital Company was organized as a Kansas corporation in 1890 for the purpose of printing and publishing a daily and weekly newspaper at Topeka. About November 19, 1895, John R. Mulvane took possession of the newspaper plant under a chattel mortgage ; the corporation was not dissolved and the former employees of the company continued to conduct the business of the…

2Cases cited3 opinions

  1. Getty v. C. R. Barnes Milling Co.Supreme Court of Kansas · 1888
  2. Topeka Capital Co. v. Remington Paper Co.Supreme Court of Kansas · 1900
  3. Topeka Capital Co. v. Remington Paper, Co.Supreme Court of Kansas · 1899

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