Legal Opinion

Booge v. Ritchie

Court of Appeals of Kansas

Decided February 14, 1896No. 49PublishedCited by 1 opinion

Memorandum. — Error from Shawnee circuit court; J. B. Johnson, judge. Action of ejectment by H. D. Booge against Hale Ritchie. Judgment for defendant. Plaintiff brings tlie case to this court.

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Memorandum. — Error from Shawnee circuit court; J. B. Johnson, judge. Action of ejectment by H. D. Booge against Hale Ritchie. Judgment for defendant. Plaintiff brings tlie case to this court. The statement of the case, as made by Giliceson, P. J., is as follows : On the 26th of October, 1888, the plaintiff in error commenced his action in ejectment in the district court of Shawnee county, Kansas (which was afterward duly transferred to the circuit court of said county), against the defendant for the recovery of certain real estate in said county under and by virtue of a tax deed. In 1884 the…

1Opinion of the Court

The opinion of the court was delivered by

Gilkeson, P. J. :

The errors assigned are : (1) The court erred in overruling the plaintiff’s motion to be allowed the full amount of taxes so paid by him, with interest and costs allowed by law; (2) the court erred in admitting testimony over plaintiff’s objection to show the excessive assessment in 1884 by the township trustee; and (3) the court erred in overruling' plaintiff’s motion for a new trial, and in rendering judgment for only $9.40, when, according to the law of the land, the judgment should have been' for $160.

Paragraph 6996 of the General…

2Cases cited3 opinions

  1. Coonradt v. MyersSupreme Court of Kansas · 1883
  2. Rhoads v. CushmanIndiana Supreme Court · 1873
  3. Jackson v. ChallissSupreme Court of Kansas · 1889

3Cited by1 opinion

  1. Barker v. TraberCourt of Appeals of Kansas · 1900

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