Barnhart & Brother v. Davis
Supreme Court of Kansas
Error from, Neosho District Court. March 5, 1883, Barnhart & Brother brought an action-against Davis and another, alleging in their petition — “That they are now, and were at the times hereinafter stated, partners doing business under the firm-name and style of Barnhart & Brother; that they are now, and were at-all the times hereinafter stated, the owners of and in the actual and exclusive possession of a certain steam flouring mill situated in the city of Thayer, Neosho…
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Error from, Neosho District Court. March 5, 1883, Barnhart & Brother brought an action-against Davis and another, alleging in their petition — “That they are now, and were at the times hereinafter stated, partners doing business under the firm-name and style of Barnhart & Brother; that they are now, and were at-all the times hereinafter stated, the owners of and in the actual and exclusive possession of a certain steam flouring mill situated in the city of Thayer, Neosho county, Kansas, commonly known as the ‘Barnhart Mills;’ that on or about the 2d day of February, 1883, the said defendant…
1Opinion of the Court
*523The opinion of the court was delivered by
Horton, C. J.:
The error complained of is the judgment of the district court sustaining a demurrer to the plaintiffs’ petition. The question arising thereon is, whether upon the filing of the affidavit and confessing judgment for costs, as provided for in art. 7, ch. 81, Comp. Laws of 1879, the jusT tice was ousted of all jurisdiction .in the case pending before him of Catharine E. Davis against the plaintiffs, for restitution of the steam flouring mill described in the petition. The contention is, on the part of the .plaintiffs, that after they had…
2Cases cited3 opinions
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Herbert v. BeathardSupreme Court of Kansas · 1882
- City of Ottumwa v. SchaubSupreme Court of Iowa · 1879
3Cited by11 opinions
- Peters v. KoepkeIndiana Supreme Court · 1901
- Wrought Iron Range Co. v. LeachSupreme Court of Oklahoma · 1912
- Ellis v. WhitakerSupreme Court of Kansas · 1901
- People ex rel. Emmerson v. LeeIllinois Supreme Court · 1924
- Winfrey v. BentonSupreme Court of Oklahoma · 1910
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