Simpson v. Kimberlin
Supreme Court of Kansas
Error from Atchison District Cop/rt. Ktmuuut.tn brought his suit against Simpson and Carmichael, to recover damages alleged to be sustained by reason of the willful violation of a contract between the parties. This contract, and the pleadings and proceedings in the district court, so far as material, are stated in the opinion, infra. The action was tried at the November Term 1872 of the district court.
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Error from Atchison District Cop/rt. Ktmuuut.tn brought his suit against Simpson and Carmichael, to recover damages alleged to be sustained by reason of the willful violation of a contract between the parties. This contract, and the pleadings and proceedings in the district court, so far as material, are stated in the opinion, infra. The action was tried at the November Term 1872 of the district court. Verdict and judgment for plaintiff for $2,015, and the defendants bring the case here on error. The briefs are voluminous, and mostly devoted to the discussion of questions of fact. 1. The…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The first question presented in this case is as to the sufficiency of the petition in the court below. This question was raised by demurrer, by objecting to the introduction of any evidence under said petition, and by motion in arrest of judgment. The petition stated substantially that Kimberlin owned and had the possession and the right of possession of certain cattle; that the title and the right of possession, however, to them was in dispute between said Kimberlin and one David Auld and one George W. Taylor; that an action of replevin…
2Cases cited2 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1872
3Cited by33 opinions
- Mobil Oil Corporation v. McHenrySupreme Court of Kansas · 1968
- McCormick v. McCormickSupreme Court of Kansas · 1910
- Chicago, Rock Island & Pacific Railroad v. DoyleSupreme Court of Kansas · 1877
- St. Louis S. F. R. Co. v. LoftisSupreme Court of Oklahoma · 1910
- Furrow v. ChapinSupreme Court of Kansas · 1874
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