Barons v. Brown
Supreme Court of Kansas
Error from Cloud District Court. ACTION brought by Brown and another, partners as N. B. Brown & Co., against Barons and four others, to recover $ 1,000 with interest. Trial at the October Term, 1879, of the district court, and judgment for the plaintiffs. The defendants bring the case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
HoetoN, C. J.:
It is objected that the petition below does not state facts sufficient to constitute a cause of action. A general denial was filed, and the objection was made for the first time in.the court below by a motion to exclude all evidence. Such an- objection is never favored, and will prevail only when there is a total failure to allege some matter essential to the relief sought. The petition states somewhat informally, according to the old system of pleading, “common counts/’ for money lent and money paid, also a formal count for money had and…
2Cases cited4 opinions
- Barkley v. StateSupreme Court of Kansas · 1875
- Stone v. BirdSupreme Court of Kansas · 1876
- Meagher v. MorganSupreme Court of Kansas · 1865
- Templeton v. MillisSupreme Court of Kansas · 1880
3Cited by7 opinions
- Pepper v. Telegraph Co.Tennessee Supreme Court · 1889
- Bohannon v. Camden Bend Drainage DistrictMissouri Court of Appeals · 1948
- Motor Car Sales Co. v. Myrtle BrownSupreme Court of Kansas · 1924
- Montgomery v. United StatesCourt of Appeals for the Eighth Circuit · 1915
- Oregon Steamship Co. v. OtisNew York Supreme Court · 1883
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