Tightmeyer v. Mongold
Supreme Court of Kansas
Error from Franklin District Court. Mongold recovered judgment against Tightmeyer, at the November Term 1875 of the district court, and Tightmeyer brings the case here on error. The opinion contains a statement of all necessary facts and proceedings. The district court erred in admitting over defendant’s objection the proof of trespass. The court held the tort waived, and that assumpsit would lie for such demand with other claims on contract.
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Error from Franklin District Court. Mongold recovered judgment against Tightmeyer, at the November Term 1875 of the district court, and Tightmeyer brings the case here on error. The opinion contains a statement of all necessary facts and proceedings. The district court erred in admitting over defendant’s objection the proof of trespass. The court held the tort waived, and that assumpsit would lie for such demand with other claims on contract. But this was not a case in which trespass could be waived. The only case in which the tort can be waived, and assumpsit maintained, is where the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action on account, tried before a justice of the peace, and brought to the district court by Mongold on appeal. In plaintiff’s bill of particulars were the following items, among others: “October 1873, to cash, $19.00; July 1874, cutting 32 acres grass, $24.00; May 1874, 64 feet lumber, (wagon bed,) $1.60; June 1874, 65 feet lumber, pine, (wagon bed,) $3.25; October 1874, *91potato crop, $15.00; December 1874, shocks of corn-fodder, $5.00.” Other items were for labor, etc.; and the whole claim amounted to $109.55.
At the trial in…
2Cases cited2 opinions
- Norden v. JonesWisconsin Supreme Court · 1873
- Gordon v. BrunerSupreme Court of Missouri · 1872
3Cited by9 opinions
- Ablah v. EymanSupreme Court of Kansas · 1961
- Challis v. HartloffSupreme Court of Kansas · 1933
- Davis v. St. Louis & S. F. Ry. Co.United States Circuit Court · 1885
- Kyle v. ChesterMontana Supreme Court · 1911
- St. Louis & San Francisco Railway Co. v. SharpSupreme Court of Kansas · 1882
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