Legal Opinion

City of Atchison v. Twine

Supreme Court of Kansas

Decided January 15, 1872PublishedCited by 33 opinions

Error from Doniphan District Court. Et.tza Ann Johnson brought her action against The City •of Atchison, alleging that she was the widow and sole heir at law, of George Johnson deceased, and that the said George, within the corporate limits of said city, in January 1870, .being then in full life, of good bodily health, and of sound mind, and while keeping the peace toward all men, and conducting himself in an orderly and quiet manner, was, by a crowd of men, consisting of…

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Error from Doniphan District Court. Et.tza Ann Johnson brought her action against The City •of Atchison, alleging that she was the widow and sole heir at law, of George Johnson deceased, and that the said George, within the corporate limits of said city, in January 1870, .being then in full life, of good bodily health, and of sound mind, and while keeping the peace toward all men, and conducting himself in an orderly and quiet manner, was, by a crowd of men, consisting of about fifty persons, and constituting a mob, in an unlawful and brutal manner, wrongfully, .•and with great force and…

1Opinion of the Court

*356The opinion of the court was delivered by

Kingman, C. J.:

On the night of the 4th of January 1870 an armed mob took from the jail of Atchison county, in the city of Atchison, one George Johnson, and with other brutal treatment finally hung- him 'until he was dead. His-widow, Eliza Ann Johnson, brought an action against the city of Atchison to recover damages for the killing of her’ husband. After the issues were 'made up, the cause was-removed to Doniphan county for trial, where, on motion of plaintiff, William M. Twine, as administrator of the estate of George Johnson, deceased, was…

2Cases cited4 opinions

  1. Hubler v. PullenIndiana Supreme Court · 1857
  2. Stevens v. ThompsonSupreme Court of Kansas · 1870
  3. Beach v. KingNew York Supreme Court · 1837
  4. White v. . JoyNew York Court of Appeals · 1855

3Cited by33 opinions

  1. Board of Commissioners v. LeggIndiana Supreme Court · 1884
  2. City of Chicago v. Manhattan Cement Co.Illinois Supreme Court · 1899
  3. Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1886
  4. Anglo-American Packing v. Turner Casing Co.Supreme Court of Kansas · 1885
  5. Hudson v. BarrattSupreme Court of Kansas · 1900

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