Legal Opinion

Mann v. Corrigan

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 7 opinions

Error from, Cowley District Court. Action brought by Mann against Corrigan and the Southern Kansas & Western Railroad Company, to recover $301.90 for work done in the construction of the railroad of said company. May 10, 1881, the district court sustained a demurrer to plaintiff’s petition, which ruling Mann brings here. The opinion states the facts.

1Opinion of the Court

*195The opinion of the court was delivered by

Brewer, J.:

This case comes to us on error from the ruling of the district court of.Cowley county, sustaining a demurrer to plaintiff’s petition.

The plaintiff sought to charge the railroad company for failing to take the bond required by § 35, ch. 84, Comp. Laws of 1879. Counsel for defendant in error claim that the ruling of the district court must be sustained on two grounds: First, because it is not affirmatively shown that the labor on account of which this action is brought is of a kind within the protection of the statute; and second, because the…

2Cases cited4 opinions

  1. McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
  2. Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
  3. M. K. & T. Railway Co. v. BakerSupreme Court of Kansas · 1875
  4. D. L. Wells & Co. v. MehlSupreme Court of Kansas · 1881

3Cited by7 opinions

  1. Griffith v. StuckerSupreme Court of Kansas · 1913
  2. J. B. McCrary Co. v. Dade County ex rel. E. I. DuPont de Nemours & Co.Supreme Court of Florida · 1920
  3. Gilmore v. WestermanWashington Supreme Court · 1896
  4. Lohr & Trapnell v. H. W. Johns-Manville Co.Supreme Court of Oklahoma · 1919
  5. Leidigh & Havens Lumber Co. v. BollingerSupreme Court of Kansas · 1964

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