M. K. & T. Railway Co. v. City of Fort Scott
Supreme Court of Kansas
Error from Bourbon District Court. The City of Fort Scott brought its action to recover from the Missouri, Kansas &, Texas Bailway Company, the sum of one hundred thousand dollars, for alleged breach of contract, upon the statement of facts set forth in plaintiff’s petition, in substance as follows: “ The City of Fort Scott is, and was at the time mentioned therein, a city of the second class, organized under the laws of Kansas.
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Error from Bourbon District Court. The City of Fort Scott brought its action to recover from the Missouri, Kansas &, Texas Bailway Company, the sum of one hundred thousand dollars, for alleged breach of contract, upon the statement of facts set forth in plaintiff’s petition, in substance as follows: “ The City of Fort Scott is, and was at the time mentioned therein, a city of the second class, organized under the laws of Kansas. The defendant Company, in the year 1870, was engaged in the construction of a railroad via Fort Scott from Sedalia, Missouri, to Denison, in the state of Texas. Said…
1Opinion of the Court
The opinion of the court was delivered by •
Brewer, J.:
At the March 1874 term of the district court of Bourbon county, the city of Fort Scott, defendant in error, obtained a judgment against the plaintiff in error for the sum of $100,000, for an alleged breach of contract. „ To reverse that judgment the Railway Company brings this proceeding *475in error. At the outset we are met with an unpleasant controversy of a personal character. It is insisted by counsel for the city, that no valid case made is here, and that we can only consider such questions as arise upon the pleadings and judgment. On…
2Cases cited7 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- Fellows v. TaitWisconsin Supreme Court · 1861
- Shepard v. PeytonSupreme Court of Kansas · 1874
- Thurber v. RyanSupreme Court of Kansas · 1874
- Hale v. HaseltonWisconsin Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Cummings v. TateSupreme Court of Oklahoma · 1915
- Weeks v. MedlerSupreme Court of Kansas · 1877
- Ridenour v. StateCourt of Criminal Appeals of Oklahoma · 1951
- Ranney-Davis Mercantile Co. v. MorrisSupreme Court of Oklahoma · 1923
- Garvin v. JennersonSupreme Court of Kansas · 1878
22 more not listed; retrieve them via the Exa API.