Thomas v. Sweet
Supreme Court of Kansas
Error from Shawnee District Court. The opinion states the nature of the action, .and the material facts. The defendant, Timothy B. Sweet, demurred to the petition. July 24, 1884, the court sustained the demurrer. This ruling the plaintiff, James W. Thomas, brings here for review.
1Opinion of the Court
Opinion by
Simpson, C.:
The questions in this case arise on the defendant’s (Sweet’s) demurrer to the petition, which the court below sustained. The plaintiff, assigning this ruling as error, brings the case here.
The material statements in the petition are as follows:
First — The Plaintiff’s Demands: (1) That he is an unsatisfied bona fide creditor of the Topeka Rolling-Mill Company, who sues for himself and all other bona fide unsatisfied creditors of said company; (2) that on the 12th day of May, 1874, the said company made its promissory note to the plaintiff for the sum of $5,000, with…
2Cases cited1 opinion
- Ryan v. Leavenworth, Atchison & Northwestern Railway Co.Supreme Court of Arkansas · 1879
3Cited by8 opinions
- Newton v. Hornblower, Inc.Supreme Court of Kansas · 1978
- Delano v. KitchCourt of Appeals for the Tenth Circuit · 1981
- Victor Delano, Individually and Derivatively on Behalf of Wichita Eagle and Beacon Publishing Company, Inc. v. Paul R. KitchCourt of Appeals for the Tenth Circuit · 1976
- Oberhelman v. Barnes Investment Corp.Supreme Court of Kansas · 1984
- Sinclair Refining Co. v. LongSupreme Court of Kansas · 1934
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