Brookover v. Esterly
Supreme Court of Kansas
Jffrror from Greenwood District Court. Eeplevin, brought by Esterly. The questions here are upon questions of practice, and the opinion, infra, contains a full statement of the necessary facts, and of the pleadings and proceedings in the court below. At the February Term 1873 of the district court, the plaintiff below, Esterly, had judgment, and Brookover brings the case here for review.
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Jffrror from Greenwood District Court. Eeplevin, brought by Esterly. The questions here are upon questions of practice, and the opinion, infra, contains a full statement of the necessary facts, and of the pleadings and proceedings in the court below. At the February Term 1873 of the district court, the plaintiff below, Esterly, had judgment, and Brookover brings the case here for review. The plaintiff in error claims that said judgment is erroneous, and that judgment should be rendered by the supreme court in his favor on the special findings, because 1st, The court below nowhere finds that…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action of replevin. The record as brought to this court shows that sometime in 1872 Esterly, as plaintiff, commenced this action by filing a petition, etc. None of the contents of this petition are given in the record. Afterward, to-wit, October 5th 1872, the defendant below, Brookover, filed an answer to said petition, which answer was a general denial. Afterward, on February 28th, 1873, the plaintiff filed an amended petition, which is set out in full in the record. No answer was ever filed to this amended petition.…
2Cases cited2 opinions
- Stevens v. ThompsonSupreme Court of Kansas · 1870
- Cohen v. HamillSupreme Court of Kansas · 1871
3Cited by13 opinions
- Chambers v. Van WagnerSupreme Court of Oklahoma · 1912
- Dreilling v. First National BankSupreme Court of Kansas · 1890
- Western Home Insurance v. ThorpSupreme Court of Kansas · 1892
- Fletcher Bros. v. NelsonNorth Dakota Supreme Court · 1896
- Kingman, Pratt & Western Railroad v. QuinnSupreme Court of Kansas · 1891
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