Legal Opinion

Powers v. Kindt

Supreme Court of Kansas

Decided January 15, 1874PublishedCited by 14 opinions

Error from Saline District Court. Trespass, brought by Kindt, against David W. Powers, and two others, to recover damages for injuries committed by defendants’ cattle to growing crops of plaintiff. The facts are sufficiently stated in the opinion of the court.

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Error from Saline District Court. Trespass, brought by Kindt, against David W. Powers, and two others, to recover damages for injuries committed by defendants’ cattle to growing crops of plaintiff. The facts are sufficiently stated in the opinion of the court. The district court, at the November Term 1872, found in favor of the plaintiff, and gave judgment accordingly, and the defendants bring the case here on error. 1. The conclusions of fact by the court are not findings as conclusions of fact from the testimony, but merely a report on the evidence, and insufficient to sustain the judgment;…

1Opinion of the Court

The opinion of the court was delivered by

Bkewek, J.:

1. Alleged error must be specified. Defendant in error brought his action in the district court and recovered a judgment for damages to his growing grass and corn done by the cattle of plaintiffs in error during the years 1869, 1870 and 1871. Several points are pi’esented by counsel for plaintiffs in error in his brief, some of which we do not feel called upon to notice, » . . .. . _ as tor instance where he claims that the conciusions of fact are not sustained by th,e evidence, without specifying which particular finding he objects to, or…

2Cases cited1 opinion

  1. Larkin v. TaylorSupreme Court of Kansas · 1870

3Cited by14 opinions

  1. Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
  2. State v. BryantSupreme Court of Kansas · 2008
  3. Hefley v. BakerSupreme Court of Kansas · 1877
  4. Hecht v. HarrisonWyoming Supreme Court · 1895
  5. Harmony Ditch Co. v. SweeneyWyoming Supreme Court · 1924

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