Legal Opinion

Long v. Kasebeer

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 6 opinions

Error from Allen District Court. March 7, 1882, Kasebeer filed his petition in the district court against Long, in the following words: “ 1. Plaintiff says that he is and for years has been the owner and in the actual possession of the southwest quarter of section thirty (30), township twenty-five (25), range twenty (20), in Allen county, Kansas, and that the same is partially inclosed, and about fifty acres thereof broken and in cultivation.

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Error from Allen District Court. March 7, 1882, Kasebeer filed his petition in the district court against Long, in the following words: “ 1. Plaintiff says that he is and for years has been the owner and in the actual possession of the southwest quarter of section thirty (30), township twenty-five (25), range twenty (20), in Allen county, Kansas, and that the same is partially inclosed, and about fifty acres thereof broken and in cultivation. “2. Plaintiff further says, that defendant has no interest or right whatever in or to said premises, but that he claims some interest therein adverse to…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

1. Injunction, petition, as evidence. It is objected that the verification to the petition is wholly insufficient, and ought not to have been received as evidence. Section 114 of the code, and many cases, are cited as sustaining the objection. Neither the provision of the code referred to, nor the decisions cited, support the objection. The question before us is not one of statutory verification. The pleading was not of the character to necessarily require verification, and the affidavit annexed to the petition made the petition…

2Cases cited4 opinions

  1. City of Atchison v. BartholowSupreme Court of Kansas · 1866
  2. Webster v. CookeSupreme Court of Kansas · 1880
  3. Grant v. CrowSupreme Court of Iowa · 1878
  4. Sword v. AllenSupreme Court of Kansas · 1881

3Cited by6 opinions

  1. Woodruff v. WallaceSupreme Court of Oklahoma · 1895
  2. Norton v. ElwertOregon Supreme Court · 1895
  3. Murphy v. FitchSupreme Court of Oklahoma · 1913
  4. Galbreath Gas Co. v. Lindsey Et Ux.Supreme Court of Oklahoma · 1912
  5. Woodruff v. WallaceSupreme Court of Oklahoma · 1895

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