Legal Opinion

City of Eureka v. Merrifield

Supreme Court of Kansas

Decided July 15, 1894PublishedCited by 41 opinions

Error from Greenwood District Court. James A. Merrifield, an infant of the age of about two years, the son of L. A. and Mary E. Merrifield, on the 8th of December, 1888, fell into a privy vault in the city of Eureka, in Greenwood county, which was situate upon lot 6, in block 25, in the possession of the Eureka Hotel Company. The Merrifields lived on a lot adjoining the one containing the vault.

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Error from Greenwood District Court. James A. Merrifield, an infant of the age of about two years, the son of L. A. and Mary E. Merrifield, on the 8th of December, 1888, fell into a privy vault in the city of Eureka, in Greenwood county, which was situate upon lot 6, in block 25, in the possession of the Eureka Hotel Company. The Merrifields lived on a lot adjoining the one containing the vault. The little boy was playing in the yard where his parents lived and adjoining the lot on which the vault was situated; he went into the alley, and probably stepped on a trapdoor over the vault, which…

1Opinion of the Court

The opinion of the court was delivered by

HortoN, C. J.:

A preliminary question is presented. It is insisted that the case-made should be stricken from the files, because it was not attested by the district clerk of Greenwood county with the seal of the court, and indorsed as filed at the time the case was settled and signed. (Civil Code, § 548.) *796It appears from the record that service of the case was accepted by the attorneys of plaintiffs below on the 19th day of September, 1890; that at that time they signed the following indorsement or writing upon the case: “We have no amendments to…

2Cases cited6 opinions

  1. The HarrisburgSupreme Court of the United States · 1886
  2. Insurance Co. v. BrameSupreme Court of the United States · 1878
  3. Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
  4. McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
  5. Hamilton v. Hannibal & St. Joseph RailroadSupreme Court of Kansas · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Leiker Ex Rel. Leiker v. GaffordSupreme Court of Kansas · 1989
  3. City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
  4. Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
  5. Perham v. Portland Electric Co.Oregon Supreme Court · 1898

36 more not listed; retrieve them via the Exa API.

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