Legal Opinion

Mayberry v. Kelly

Supreme Court of Kansas

Decided February 15, 1862PublishedCited by 13 opinions

A full statement of the case appears in the opinion of the Court. The error complained of in this record is in the Court overruling the demurrer and in refusing to give the instructions set forth in the record. The same question is raised on the demurrer that is presented in the instructions that were refused. By the sixth section of the Probate Court act of 1855, page two hundred and twenty-seven, the Probate Court is made a court of record.

Read the full summary

A full statement of the case appears in the opinion of the Court. The error complained of in this record is in the Court overruling the demurrer and in refusing to give the instructions set forth in the record. The same question is raised on the demurrer that is presented in the instructions that were refused. By the sixth section of the Probate Court act of 1855, page two hundred and twenty-seven, the Probate Court is made a court of record. The first section of the third article of the act of Criminal Procedure, passed February 12th, 1858, page one hundred and seventy-one, gives the Judges’…

1Opinion of the Court

By the Court

Kingman, J.

This is an action for damages for false imprisonment, tried at the September term, 1860, of *122the District Court sitting in Breckinridge county, where it jiad been taken, by change of venue, from Madison county.

Two points are presented by the petition in error.

The first is on the overruling of the demurrer to the petition.

The second, the refusal of the Court to give the instrrctions asked by the plaintiffs in error.

In the argument, it was claimed for plaintiffs in error that the same questions were raised by both causes of error, but as we have come to a different…

2Cited by13 opinions

  1. Alvarado v. City of Dodge CitySupreme Court of Kansas · 1985
  2. Howard v. HulbertSupreme Court of Kansas · 1901
  3. Lark v. BandeMissouri Court of Appeals · 1877
  4. Patrick v. Board of County CommissionersSupreme Court of Kansas · 1919
  5. Chadwick v. ChadwickMontana Supreme Court · 1887

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API