Clark v. Clark
Supreme Court of Kansas
Error from Wilson District Court. recovered judgment against Thomas J. Clark, defendant, for $1,000, and costs, at the May Term 1876 of the district court, and defendant brings the case here on error. The facts are fully stated in the opinion. for plaintiff in error, contended, that a plaintiff should know his own, and for all purposes of pleading must be presumed to know it—and cited 4 Bac. Abr. 10, 20; Taylor, (N. C.) 148; 4 South Car. 32; 1 Bosanquet & Puller.
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Error from Wilson District Court. recovered judgment against Thomas J. Clark, defendant, for $1,000, and costs, at the May Term 1876 of the district court, and defendant brings the case here on error. The facts are fully stated in the opinion. for plaintiff in error, contended, that a plaintiff should know his own, and for all purposes of pleading must be presumed to know it—and cited 4 Bac. Abr. 10, 20; Taylor, (N. C.) 148; 4 South Car. 32; 1 Bosanquet & Puller. While the crime of adultery would be no bar to a recovery by a woman in her real name, still such crime, and cohabitation with her…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
In the court below Sarah J. Clark brought her action against Thomas J. Clark to recover the sum of $1,000 for money had and received. Thomas J. Clark answered in the nature of a plea in abatement, “ that said Sarah J. Clark was named, known, and called Sarah J. Brown,” and asked for judgment. To this answer, the defendant in error replied that the plaintiff in error “gave her the name of Clark, and caused her to be known by that name in the community where they lived, and where she resided at the commencement of the action.” From the…
2Cases cited1 opinion
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- Badger Lumber Co. v. CollinsonSupreme Court of Kansas · 1916
- Linton v. First Nat. Bank of KittanningU.S. Circuit Court for the District of Western Pennsylvania · 1882
- Sanders v. SittonSupreme Court of Kansas · 1956
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