Legal Opinion

Howell v. Pugh

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 15 opinions

Error from Johnson Eisiriet Court. The plaintiff in error brought an action in the nature of trover, in the court below, against the defendants in error, and declared for conversion of one-half of eight acres of wheat in the stack, of the value of $80; one-third of twenty-two acres of corn in the field, of the value of $50; and one-third of twenty-eight acres of flax in the stack, of the value-of $100, to which the defendants pleaded a general denial;, and also that on the…

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Error from Johnson Eisiriet Court. The plaintiff in error brought an action in the nature of trover, in the court below, against the defendants in error, and declared for conversion of one-half of eight acres of wheat in the stack, of the value of $80; one-third of twenty-two acres of corn in the field, of the value of $50; and one-third of twenty-eight acres of flax in the stack, of the value-of $100, to which the defendants pleaded a general denial;, and also that on the 11th day of July, 1879, the defendant. M. G. Miller commenced an action against John W. Berkshire before S. P. Hinman, a…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The only question before us is, whether the special findings of the jury are inconsistent with the general verdict. If they are, the former control the latter and the judgment was properly rendered. If they are not inconsistent with the general verdict, the ruling of the court was erroneous, as it.was its duty to enter judgment upon the verdict, or to have set aside the verdict and findings and *705granted a new trial.' The trial court seems to have held, we judge, that the crops did not pass to the plaintiff under the contract of July 8,…

2Cases cited2 opinions

  1. Bellows v. WellsSupreme Court of Vermont · 1864
  2. Bailey v. LongSupreme Court of Kansas · 1880

3Cited by15 opinions

  1. Riddle v. DowSupreme Court of Iowa · 1896
  2. Stewart v. Henningsen Produce Co.Supreme Court of Kansas · 1913
  3. Wing v. Mid-Continent Seeds, Inc.Supreme Court of Kansas · 1950
  4. Barber v. ThomasSupreme Court of Kansas · 1903
  5. Bird City State Bank v. Goodland Equity ExchangeSupreme Court of Kansas · 1923

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