Larimer v. Kelly
Supreme Court of Kansas
Error from Allen District Court. Action by Mrs. Kelley, a married woman, against Mrs. Larimer and husband. Five defenses were set up in the answer, to three of which the district court sustained a demurrer. Trial on the other issues at the.March Term 1872, and verdict and judgment for plaintiff. The defendants bring the case here on error.
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Error from Allen District Court. Action by Mrs. Kelley, a married woman, against Mrs. Larimer and husband. Five defenses were set up in the answer, to three of which the district court sustained a demurrer. Trial on the other issues at the.March Term 1872, and verdict and judgment for plaintiff. The defendants bring the case here on error. The averments of the petition, the several defenses thereto, and a sufficient statement of the facts and proceedings, are given in the opinion. As the case here is disposed of upon the questions arising upon the demurrer, it is not necessary to state the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The petition filed by defendant in error alleged in substance that in July 1864 Mrs. Kelley and Mrs. *304Larimer, the parties hereto, were taken captive by the Sioux Indians; that both escaped, Mrs. Larimer in forty-eight hours, and Mrs. Kelley after five months; and afterward, and in December 1865, in Johnson county, Kansas, they entered into an agreement to prepare a statement of their experiences in captivity, and publish the same with the names of both appearing as the authors. The expenses of the publication were to be borne by Mrs.…
2Cited by12 opinions
- Hoffman v. Cudahy Packing Co.Supreme Court of Kansas · 1946
- Giltner v. StephensSupreme Court of Kansas · 1947
- Henshaw v. SmithSupreme Court of Kansas · 1918
- Harrington v. LoweSupreme Court of Kansas · 1906
- Crans v. FrancisSupreme Court of Kansas · 1881
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