Berry v. Carter
Supreme Court of Kansas
Error from Chautauqua District Court. Trespass, brought by Carter, to recover damages for injuries to his hay, growing crops and hedges, committed by Berry’s cattle.
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Error from Chautauqua District Court. Trespass, brought by Carter, to recover damages for injuries to his hay, growing crops and hedges, committed by Berry’s cattle. In his bill of particulars, Carter averred the making of the contract mentioned in the opinion, infra, alleged that he had “ performed all the conditions of said contract faithfully, according to the terms thereof,” and alleged that Berry, “in violation of the condition of said contract, ever since the 1st of November 1874, has and still does willfully and carelessly allow and permit certain cattle belonging to him (said Berry)…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
*1381 Misjoinder; waiTCr' *137This was an action commenced in a justice’s court, and after trial and judgment it was appealed to *138the district court, where it was again tried, and on such trial judgment was rendered in favor of the plaintiff, Montgomery Carter. The defendant, Harrison Berry, as plaintiff in error, now brings the case to this court. The plaintiff below set forth in his bill of particulars two causes of action. We think there was no misjoinder of such causes of action; but even if there was, still, as the question is raised for the…
2Cited by8 opinions
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- Bertero v. Superior Court of Los Angeles CountyCalifornia Court of Appeal · 1963
- Ames Canning Co. v. Dexter Seed Co.Supreme Court of Iowa · 1922
- Williams v. Branning Manufacturing Co.Supreme Court of North Carolina · 1910
- Thompson v. Phillips Pipe Line Co.Supreme Court of Kansas · 1968
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