Legal Opinion

Campbell v. Meyer Bros. Drug Co.

Court of Appeals of Kansas

Decided August 18, 1898No. 295PublishedCited by 1 opinion

Error from Osage district court; William Thomson, judge. This was an action for conversion begun in the district court of Osage county by the defendant in error,. Meyer Brothers Drug Company, against M. L. Campbell, the plaintiff in error. The plaintiff below set up two defenses : (1) A general denial; (2) estoppel. The court instructed the jury to find for the plaintiff.

1Opinion of the Court

The opinion of the court was delivered by

Schoonover,, J. :

We have examined the admissions and evidence and concur with the conclusions reached by the trial court.

It is contended that the trial court erred in sustaining the objection to the introduction of evidence under the second defense in .the defendant’s answer.

The record recites the following :

“The plaintiff objects to any evidence under the second count in the defendant’s answer because it does not state facts sufficient to constitute a cause of defense, which objection was sustained, to which ruling of the court the defendant saved an…

2Cases cited1 opinion

  1. Kerwood v. AyresSupreme Court of Kansas · 1898

3Cited by1 opinion

  1. Rodgers v. CrumSupreme Court of Kansas · 1950

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