State v. School District No. 3
Supreme Court of Kansas
Error from Chautauqua Eistrict Court. Action brought by The State of Kansas against School Eistrict No. S, Chautauqua County, to recover on seven school-district bonds and thirty-five accompanying coupons. The petition contained a separate count and a separate statement of a cause of action upon each of the seven bonds and on each of the thirty-five coupons.
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Error from Chautauqua Eistrict Court. Action brought by The State of Kansas against School Eistrict No. S, Chautauqua County, to recover on seven school-district bonds and thirty-five accompanying coupons. The petition contained a separate count and a separate statement of a cause of action upon each of the seven bonds and on each of the thirty-five coupons. The statement of the cause of action upon the first bond reads as follows: “On the first day of January, 1873, at Peru, in the county of Howard and state of Kansas, School District No. 135, county of Howard, state of Kansas, the same…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
i Petitionconsu-uedS ljbeiniiy. The only ruling of the court below complained of in this case is, the sustaining of an objection made by the defendant to the introduction of any evidence under the plaintiff’s petition, upon the ground that the petition did not state facts sufficient to constitute a cause of action against the defendant, and the dismissal of the plaintiff’s action upon the same ground. Preliminarily, we would say that such an objection is not favored by courts, and that where the sufficiency ^íe Potion is raised for the…
Also in this document: Concurrence.
2Cases cited4 opinions
- County of Des Moines v. HarkerSupreme Court of Iowa · 1871
- Barkley v. StateSupreme Court of Kansas · 1875
- Budd v. KramerSupreme Court of Kansas · 1874
- Mosher v. Ind. School Dist.Supreme Court of Iowa · 1876
3Cited by32 opinions
- Kansas Public Employees Retirement System v. Reimer & Koger Associates, Inc.Supreme Court of Kansas · 1997
- Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
- State Land Board v. LeeOregon Supreme Court · 1917
- State v. NagleSupreme Court of Kansas · 1917
- Whiteacre v. NicholsSupreme Court of Oklahoma · 1906
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