Water Power Co. v. McMurray
Supreme Court of Kansas
Error from Reno District Court. Action brought by McMurray and another, against The Water Power Company, a corporation organized under the laws of the state of Kansas, and two other defendants, to recover upon an alleged stated account. The facts, pleadings and proceedings sufficiently appear in the opinion. Trial at the.April Term, 1879, of the district court, and verdict and judgment for plaintiffs.
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Error from Reno District Court. Action brought by McMurray and another, against The Water Power Company, a corporation organized under the laws of the state of Kansas, and two other defendants, to recover upon an alleged stated account. The facts, pleadings and proceedings sufficiently appear in the opinion. Trial at the.April Term, 1879, of the district court, and verdict and judgment for plaintiffs. The Water Power Co. brings the case here. 1. As to pleading, and variance between the evidence and the- allegations —10 Kas. 144; 10 Mo. 406; 37 id. 307; 32 id. 203; 7 id. 324; 26 id. 153; 35…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On June 17, 1878, defendants in error (plaintiffs below) filed a petition in-the district court of Reno county, in the following words and figures (omitting title):
“And now come the said plaintiffs, J. McMurray and C. McMurray, partners as J. & C. McMurray, and complain of the said defendants, the said Water Power company, a corporation duly incorporated under ..the Jaws of the state of Kansas, and C. C. Hutchinson and W. E. Hutchinson, for that on or about the — day of April, 1876, the said defendants, desiring to construct a…
2Cases cited2 opinions
- Meagher v. MorganSupreme Court of Kansas · 1865
- Emslie v. City of LeavenworthSupreme Court of Kansas · 1878
3Cited by2 opinions
- Citizens Insurance v. EtchenSupreme Court of Kansas · 1922
- Keys v. LardnerSupreme Court of Kansas · 1895