School District No. 14 v. Griner
Supreme Court of Kansas
Error from Atchison District Court. The style of the action below was, “ Nicholas Grmer, Plff., v. School District No. Fourteen of Atchison Comity, Kansas, Deft.”
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Error from Atchison District Court. The style of the action below was, “ Nicholas Grmer, Plff., v. School District No. Fourteen of Atchison Comity, Kansas, Deft.” The petition alleges that one Wagner, on a contract with the district board, built a school-house for said district, in 1869; that the contract price was $450; that the building was accepted, and $154.50 paid to Wagner; that for full value paid, Wagner, on the 18th of November, 1869, assigned the balance of his claim, $295.50 to Griner, and' judgment is demanded for said sum and interest. Defendant answered — 1st, a general denial,…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, O. J.:
*227i MisnomerpSion.001’ waiver. *226Two questions are presented in this case: *227First, The action is brought against “ School District No. 14, of Atchison County, Kansas.” The law makes each School District organized under the law, a body corporate by the name and style of “School District No.-,-County, State of Kansas.” The error is, leaving out the words “ State °£>” ™ name °f the corporation. The defendairt answered the petition on the merits, and a reply was duly filed. On the trial the defendant objected to the introduction of testimony by…
2Cases cited4 opinions
- Commonwealth v. Inhabitants of DedhamMassachusetts Supreme Judicial Court · 1819
- Gilbert v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
- Gray v. Monongahela Navigation Co.Supreme Court of Pennsylvania · 1841
- Trustees of the Society of the Methodist Episcopal Church v. TryonCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by7 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Kansas Pacific Rly. Co. v. MontelleSupreme Court of Kansas · 1872
- St. Louis, Kansas City & Northern Railway Co. v. PiperSupreme Court of Kansas · 1874
- Union Pacific Railroad v. Board of County CommissionersSupreme Court of Kansas · 1904
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