Legal Opinion

Westbrook v. Mize

Supreme Court of Kansas

Decided January 15, 1886PublishedCited by 21 opinions

M'ror from Marion District Court. The opinion states the nature of the action and the facts. At the February Term, 1884, the court, upon the motion of the defendant Mize, rendered judgment against the plaintiff upon the pleadings in the cause. This ruling plaintiff brings here for review.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This is an action for the conversion of a quantity of hay belonging to the plaintiff. After the plaintiff’s reply had been filed, the court, upon motion of the defendant, rendered judgment against the plaintiff upon the pleadings in the cause, and this is the ruling complained of here. The only question for our decision, then, arises upon the interpretation and effect of the pleadings. It was alleged in the petition that on November 14, 1882, the defendant, J. S. Mize, wrongfully carried away and converted to his own use sixty tons of hay…

2Cases cited1 opinion

  1. Turner v. HitchcockSupreme Court of Iowa · 1866

3Cited by21 opinions

  1. McCormick v. McCormickSupreme Court of Kansas · 1910
  2. City of Kansas City v. SlangstromSupreme Court of Kansas · 1894
  3. Edens v. FletcherSupreme Court of Kansas · 1908
  4. Missouri, Kansas & Texas Railway Co. v. McWherterSupreme Court of Kansas · 1898
  5. Farmers Grain & Supply Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1926

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