Kirkpatrick v. Eagle Lodge No. 32
Supreme Court of Kansas
Error from, Jefferson District Court. Action brought by Kirkpatrick against Eagle Lodge No. 38, of the Independent' Order of Odd Fellows of Kansas, and 109 others, to recover damages for an alleged libel. Trial at the June Term, 1878, of tire district court, and judgment for the defendants for costs. The plaintiff brings the case here. The opinion states the facts.
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Error from, Jefferson District Court. Action brought by Kirkpatrick against Eagle Lodge No. 38, of the Independent' Order of Odd Fellows of Kansas, and 109 others, to recover damages for an alleged libel. Trial at the June Term, 1878, of tire district court, and judgment for the defendants for costs. The plaintiff brings the case here. The opinion states the facts. In the petition is a distinct and specific allegation that the plaintiff was wrongfully expelled from the lodge, on a false and malicious charge of perjury — this for the purposes of the petition must be taken as true; a specific…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Upon the trial of this cause, the defendants in erro? objected to any evidence under the petition, on the ground that it does not state facts sufficient to constitute a cause of action. The court sustained the objection, and statement judgment was rendered against plaintiff for costs. The only question in this case is, whether such ruling and judgment are correct. The substance of the petition is that the Eagle Lodge No. 32, of the Independent Order of Odd Fellows, and the Grand Lodge of the Independent Order of Odd Fellows of Kansas, are…
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