Atchison, Topeka & Santa Fe Railroad v. Huitt
Court of Appeals of Kansas
Memorandum. — Error from Barton district court; J. H. Bailey, judge. Action for damages by fire brought by J. F. Huitt and Amos Johnson, partners as Huitt & Johnson, The American Fire Insurance Company, and The St. Paul Fire and Marine Insurance Company against the Atchison, Topeka & Santa Fe Railroad Company. Judgment for plaintiffs ; the defendant brings the case to this court.
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Memorandum. — Error from Barton district court; J. H. Bailey, judge. Action for damages by fire brought by J. F. Huitt and Amos Johnson, partners as Huitt & Johnson, The American Fire Insurance Company, and The St. Paul Fire and Marine Insurance Company against the Atchison, Topeka & Santa Fe Railroad Company. Judgment for plaintiffs ; the defendant brings the case to this court. The statement of the case, as made by Dennison, J., is as follows : This action was originally brought by Huitt & Johnson in the district court of Barton county, Kansas, to recover the value of a barn situated on…
1Opinion of the Court
The opinion of the court was delivered by
Dennison, J. :
The first error complained of by the plaintiff in error was the overruling of the demurrer *785to the amended petition for the reasons : (1) That the petition does not state facts sufficient to constitute a cause of action ; (2) that several causes of action are improperly joined, and (3) that there is a misjoinder of parties plaintiff.
The petition in this case clearly sets forth facts sufficient to constitute a cause of action. The plaintiff in error in its brief has nothing to say upon the first ground of the demurrer, therefore no notice…
2Cited by4 opinions
- Atchison, Topeka & Santa Fe Railroad v. OwensCourt of Appeals of Kansas · 1897
- Atchison, Topeka & Santa Fe Railroad v. NeetCourt of Appeals of Kansas · 1898
- German American Insurance v. JohnsonCourt of Appeals of Kansas · 1896
- Stauffer v. DotyCourt of Appeals of Kansas · 1896