Loring v. Rockwood
Supreme Court of Kansas
Error from Howard Eistriot Court. Action by Eochwood, brought originally in a justice’s court. The justice dismissed the case for want of jurisdiction. Eochwood removed the case to the district court by petition in error, and said court, at the March Term 1873, reversed the judgment of the justice and taxed all the costs up to the time of the reversal against Loring. Loring now brings the case here by petition in error.
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Error from Howard Eistriot Court. Action by Eochwood, brought originally in a justice’s court. The justice dismissed the case for want of jurisdiction. Eochwood removed the case to the district court by petition in error, and said court, at the March Term 1873, reversed the judgment of the justice and taxed all the costs up to the time of the reversal against Loring. Loring now brings the case here by petition in error. The justice’s transcript contains all that is shown of Rock-wood’s cause of action. Section 6 of the justices act is conclusive upon the question of jurisdiction. Rockwood…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Rockwoo(d brought his action before a justice of the peace. The bill of particulars is stated in the record to have been, in substance, “that the said John Loring on or about the 12th of November 1872, at the county of Howard, and state of Kansas, did then and there set the prairie grass on fire, and the said prairie continued to burn and said fire continued to spread until it reached and burned the hay, posts, and rails, and growing peach-trees, of the said Lewis Rockwood, which hay, posts, and rails, and growing peach-trees were in said…
2Cited by1 opinion
- Wilkins v. LeeSupreme Court of Kansas · 1906