Legal Opinion · Concurrence

Atchison, Topeka & Santa Fe Railway Co. v. Atchison Grain Co.

Supreme Court of Kansas

Decided March 12, 1904No. 12,789Published

Error from Atchison district court, on rehearing; W. T. Bland, judge.

1ConcurrenceJohnston, C. J.

(dissenting) : The writer is unable to reach this conclusion. As the court has decided that there are no exceptions to the statute of limi*593tations except those expressly _enumerated in the statute itself, and as that is to be the rule hereafter in Kansas, an elaborate exposition of the opposite view would serve no useful purpose. Briefly stated, it may be said that the doctrine of McMullen v. Loan Association, supra, and the view first announced in this case (70 Pac. 933), is the most satisfactory to the writer. There is a radical difference of judicial opinion upon the subject, and on which…

2Cases cited21 opinions

  1. Bailey v. GloverSupreme Court of the United States · 1875
  2. Rosenthal v. WalkerSupreme Court of the United States · 1884
  3. Lewey v. H. C. Fricke Coke Co.Supreme Court of Pennsylvania · 1895
  4. Traer v. ClewsSupreme Court of the United States · 1885
  5. District Township of Boomer v. FrenchSupreme Court of Iowa · 1875

16 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