Atchison, Topeka & Santa Fé Railroad v. Rice
Supreme Court of Kansas
Error from Shawnee Superior Court. Action brought by Riee against The Railroad Company, to recover damages alleged to have resulted from an unwarranted criminal prosecution and imprisonment begun and carried on by the defendant against the plaintiff. Trial at the April Term, 1885, and verdict and judgment for plaintiff for $3,000 damages, and for costs. The defendant brings the case here. The material facts appear in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
i valid act-valid court. I. One of the principal questions urged by counsel for the plaintiff in error in this case, and one to which they have devoted ten pages of their brief, is whether the superior court of Shawnee county was, at the time of the trial of this case, or indeed at any time, a valid court. It is claimed that it never was a valid court, and this upon the ground that the act of the legislature creating it is unconstitutional and void; and it is claimed that such act is unconstitutional and void for the reason that the court…
2Cases cited5 opinions
- Roberts v. GrahamSupreme Court of the United States · 1868
- Missouri Valley R. R. v. CaldwellSupreme Court of Kansas · 1871
- Matthews v. CommissionersSupreme Court of Kansas · 1886
- Bauer v. ClaySupreme Court of Kansas · 1871
- Wilcox v. JohnsonSupreme Court of Kansas · 1886
3Cited by28 opinions
- State v. LambSupreme Court of Kansas · 1972
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Rowe v. RichardsSouth Dakota Supreme Court · 1915
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Kitchener v. WilliamsSupreme Court of Kansas · 1951
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