Stark v. Chitwood
Supreme Court of Kansas
Error from Shawnee County. The body of the plaintiff’s petition in the court below is as follows: The said Andrew Stark, plaintiff, says that said defendant, Pleasant Chitwood, did, on or about the first day of December, A. D. 1860, cause to be issued an execution on a judgment against "William H. Boyd and John W. Thompson, rendered by the district court sitting in and for Linn county, Kansas, at the fall term thereof, in an action therein pending, wherein Pleasant Chitwood…
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Error from Shawnee County. The body of the plaintiff’s petition in the court below is as follows: The said Andrew Stark, plaintiff, says that said defendant, Pleasant Chitwood, did, on or about the first day of December, A. D. 1860, cause to be issued an execution on a judgment against "William H. Boyd and John W. Thompson, rendered by the district court sitting in and for Linn county, Kansas, at the fall term thereof, in an action therein pending, wherein Pleasant Chitwood and Robert B. Mitchell were plaintiffs, and said William II. Boyd and John W. Thompson were defendants; which said…
1Opinion of the Court
By the Court,
Sakkord, J.
The plaintiff, Andrew Stark, brought his action in the district court of Shawnee county to recover of the defendant, Pleasant Chitwood, the sum of one thousand dollars damages, for that, he the said defendant had *144wrongfully ordered and directed a certain execution to be levied upon certain real estate lying and being in Linn county Kansas. To the petition filed in said calls'" the defendant demurred, on the ground that the said petition did not contain and state facts sufficient to constitute a cause of action against himself, and in favor of the plaintiff. The…
2Cases cited1 opinion
- Farnham v. . CampbellNew York Court of Appeals · 1866
3Cited by9 opinions
- Douglass v. NuzumSupreme Court of Kansas · 1876
- Ward v. Mid-West & Gulf Co.Supreme Court of Oklahoma · 1923
- Hillyard v. BanchorSupreme Court of Kansas · 1911
- Dennis v. SmithSupreme Court of Kansas · 1960
- Yount v. HooverSupreme Court of Kansas · 1915
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