Bernstein v. Smith
Supreme Court of Kansas
Error from Leavenworth District Court. The action below was commenced originally before a justice of the peace by defendant in error, to recover of Bernstein the value of a lot of railroad cross and switch-ties taken from Smith’s land. The bill of particulars is copied in full in the opinion.
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Error from Leavenworth District Court. The action below was commenced originally before a justice of the peace by defendant in error, to recover of Bernstein the value of a lot of railroad cross and switch-ties taken from Smith’s land. The bill of particulars is copied in full in the opinion. The amount claimed by Smith was $300. The land from which the ties were taken was an unoccupied tract, and Smith, to show a presumptive ownership of the ties, offered proof of title, which being disputed by Bernstein, the action was thereupon stayed before the justice, and the justice certified the case,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
1. Bill of pai'acc?S:trespass. This was an action brought originally before a justice of the peace to recover the value of certain ties belonging to defendant in error and converted by plaintiff in error to his own use. The amount claimed in the bill of particulars was three hundred dollars. And the first point made is, that the justice had no jurisdiction of . J “ Sm^ because the bill of particulars shows that the action was one for trespass on real estate and the damages demanded exceeded one hundred dollars. The bill of particulars was as…
2Cases cited1 opinion
- Tarleston v. BrilySupreme Court of Kansas · 1866
3Cited by3 opinions
- Webb v. Board of County CommissionersSupreme Court of Kansas · 1929
- Hagaman v. NeitzelSupreme Court of Kansas · 1875
- Chicago, Kansas & Western Railroad v. Ozark TownshipSupreme Court of Kansas · 1891