Legal Opinion

Union Pacific Railway Co. v. Pillsbury

Supreme Court of Kansas

Decided January 15, 1883PublishedCited by 13 opinions

Error from Riley District Court. November 3, 1882, before H. W. Staokpole, a justiee of the peace in and for the city of Manhattan, Pillsbury recovered a judgment for $133.85 and costs against the defendant Railway Company. Thereafter the defendant filed its petition in error in the district court. December 20, 1882, the court affirmed the judgment. The defendant brings the case here. The facts appear in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The defendant in error obtained judgment before a justice of the peace against plaintiff in error, upon a bill of particulars alleging default in a breach of a contract to convey certain goods. Two errors are alleged: first, that the record shows no service; and second, that judgment was rendered upon default without any proof of value or damages. Both points we think are well taken. The return on the summons shows that it was served by delivering a copy thereof “ to D. W. March, agent of said U. P. R. R. Co., Manhattan, Kansas.” Where this…

2Cited by13 opinions

  1. Becker v. RootheSupreme Court of Kansas · 1959
  2. St. Louis & San Francisco Railroad v. ClarkSupreme Court of Oklahoma · 1906
  3. St. Louis S. F. R. Co. v. ReedSupreme Court of Oklahoma · 1916
  4. Dickerson v. Burlington & Missouri River RailroadSupreme Court of Kansas · 1890
  5. Board of County Commissioners v. Black, Sivalls & Bryson, Inc.Supreme Court of Kansas · 1950

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