Legal Opinion

Stewart v. Balderston

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 49 opinions

JEh'ror from Allen District Court. The only questions in this case are questions of pleading and practice. J. M. Balderston and L. W. Keplinger, as plaintiffs, filed their petition against Watson Stewart and D. B. Knmert, as defendants, containing 670 separate paragraphs, and intending therein to state 670 separate causes of action.

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JEh'ror from Allen District Court. The only questions in this case are questions of pleading and practice. J. M. Balderston and L. W. Keplinger, as plaintiffs, filed their petition against Watson Stewart and D. B. Knmert, as defendants, containing 670 separate paragraphs, and intending therein to state 670 separate causes of action. The preliminary general statement, and so much of the subsequent portions of the petition as is necessary to a proper understanding of the case, are as follows: [Caption and Title.] “ The plaintiffs say that at the time «of the performance of the acts hereinafter…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This action was brought in the district court by Balderston and Keplinger,' as plaintiffs against Stewart and Emmert, as defendants. The plaintiffs below allege in their petition that the defendants were register and receiver of the Humboldt land office; that they illegally received $4,125 in various sums as fees from 670 different persons who purchased land at said land office, and that the said 670 persons have severally assigned their respective claims for said illegal fees to said plaintiffs, who now aslc judgment in favor of…

2Cases cited18 opinions

  1. Comegys v. VasseSupreme Court of the United States · 1828
  2. Zabriskie v. . SmithNew York Court of Appeals · 1855
  3. Byxbie v. . WoodNew York Court of Appeals · 1862
  4. Prindle v. . CaruthersNew York Court of Appeals · 1857
  5. More v. MassiniCalifornia Supreme Court · 1867

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

3Cited by49 opinions

  1. Kansas City, M. & O. Ry. Co. v. ShuttSupreme Court of Oklahoma · 1909
  2. Cleland v. AndersonNebraska Supreme Court · 1902
  3. MacLeod v. StelleIdaho Supreme Court · 1926
  4. Sluss v. Brown-Crummer Investment Co.Supreme Court of Kansas · 1933
  5. Ablah v. EymanSupreme Court of Kansas · 1961

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

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