Legal Opinion

Garfield Township v. Samuel Dodsworth Book Co.

Court of Appeals of Kansas

Decided October 17, 1899No. 280PublishedCited by 5 opinions

Error from Finney district court; ¥m. Easton Hutchison, judge. STATEMENT. This action was brought by defendant in error in the district court of Finney county, against plaintiff in error, to recover on an account for goods and merchandise alleged to have been furnished by plaintiff to what was known as Garfield county, Kansas, and also to recover upon certain county warrants purporting to have been issued to plaintiff by order of the board of county commissioners of such…

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Error from Finney district court; ¥m. Easton Hutchison, judge. STATEMENT. This action was brought by defendant in error in the district court of Finney county, against plaintiff in error, to recover on an account for goods and merchandise alleged to have been furnished by plaintiff to what was known as Garfield county, Kansas, and also to recover upon certain county warrants purporting to have been issued to plaintiff by order of the board of county commissioners of such county. Plaintiff alleged in its petition that “ the defendant, Garfield township, is a corporation organized and acting…

1Opinion of the Court

The opinion of the court was delivered by

Schoonover, J. :

The first contention of counsel for plaintiff in error is that the court erred in overruling *756the motion to make the petition more definite and certain. It is insisted that there is no statement of fact in the petition on which any court can legally say that as a matter o'f law Garfield township was the successor of Garfield county and legally liable under contracts or acts of the supposed county of Garfield. We think otherwise, but even if it were admitted that such facts were not pleaded it does not follow that the court erred in…

2Cases cited6 opinions

  1. Prell v. McDonaldSupreme Court of Kansas · 1871
  2. Riley v. Township of GarfieldSupreme Court of Kansas · 1894
  3. Chellis v. CobleSupreme Court of Kansas · 1887
  4. Vandriss v. HillSupreme Court of Kansas · 1897
  5. Walnut Township v. JordanSupreme Court of Kansas · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Leavenworth National Bank v. ReillySupreme Court of Kansas · 1916
  2. Pratt v. BarnardSupreme Court of Kansas · 1944
  3. Garfield Township v. HubbellCourt of Appeals of Kansas · 1899
  4. Attorney General Opinion No., Kansas Attorney General Reports1997
  5. Sawyer v. SteinmanSupreme Court of Iowa · 1910

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