Legal Opinion

Wichita Natural Gas Co. v. Ralston

Supreme Court of Kansas

Decided November 6, 1909No. 16,027PublishedCited by 4 opinions

Appeal from Butler district court; Granville P. Aikman, judge. STATEMENT. The gas company commenced this action in-the district court of Butler county perpetually to enjoin the defendants from disturbing or interfering in any manner with the pipe line which the gas company had con-' structed upon the defendant’s land. Upon the trial, which was to the court without a jury, the court made findings of fact and conclusions of law which read: findings of fact..

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Appeal from Butler district court; Granville P. Aikman, judge. STATEMENT. The gas company commenced this action in-the district court of Butler county perpetually to enjoin the defendants from disturbing or interfering in any manner with the pipe line which the gas company had con-' structed upon the defendant’s land. Upon the trial, which was to the court without a jury, the court made findings of fact and conclusions of law which read: findings of fact.. “(1) That the plaintiff, at all times mentioned in its petition, was and now is a corporation organized and existing under and by virtue…

1Opinion of the Court

The opinion of the court was delivered by

Graves, J.:

The first ruling of which the defendants complain is the refusal of the court to sustain their demurrer to the plaintiff’s petition. The ground of the demurrer was that the petition contained several causes of action which were improperly joined. The court evidently concluded that the petition stated but one cause of action, which consisted of a purpose upon the part of all the defendants to injure the plaintiff’s pipe line, this purpose being evidenced by open threats of violence on the part of some of the defendants and by active…

2Cases cited2 opinions

  1. Pilcher v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1888
  2. Withers v. LoveSupreme Court of Kansas · 1905

3Cited by4 opinions

  1. Thompson v. MillikinSupreme Court of Kansas · 1914
  2. Cox v. Countrywide Home Loans, Inc. (In Re Cox)United States Bankruptcy Court, D. Kansas · 2009
  3. Ray v. BrushSupreme Court of Kansas · 1922
  4. Mid-West Lumber Co. v. WagnerSupreme Court of Kansas · 1931

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