Legal Opinion

Davis v. Wilson

Supreme Court of Kansas

Decided January 15, 1873PublishedCited by 19 opinions

Error from Cowley District Court. Trespass, brought by Wilson, to recover for injuries to his growing crops by cattle of Davis. The action was commenced in a justice’s court, and appealed to the district court, where it was tried at the July Term 1872, before A. H. G., pro tern. judge, and a jury. The case here presents several questions of practice respecting which the proceedings and the facts whereon they arise are sufficiently stated in the opinion.

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Error from Cowley District Court. Trespass, brought by Wilson, to recover for injuries to his growing crops by cattle of Davis. The action was commenced in a justice’s court, and appealed to the district court, where it was tried at the July Term 1872, before A. H. G., pro tern. judge, and a jury. The case here presents several questions of practice respecting which the proceedings and the facts whereon they arise are sufficiently stated in the opinion. The petition filed in the district court is as follows: [Title.] “Now comes the plaintiff above named and complains of the defendant,.and…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This is an action to reverse a judgment of the district court of Cowley county. Plaintiff in error was *80defendant below, and appears from the record to have objected to every proceeding in the district court. Finding it recorded in the earliest law book that “in the multitude of counselers there is safety,” he seems to have thought that in a multitude of exceptions there is hope. His main objection seems to have been to the fact of a trial, as between the time the case was called for trial and the rendition of the verdict he made eight…

2Cases cited5 opinions

  1. Wilson v. FullerSupreme Court of Kansas · 1872
  2. Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1872
  3. Kansas Pacific Railway Co. v. ReynoldsSupreme Court of Kansas · 1871
  4. State v. LewisSupreme Court of Kansas · 1872
  5. Larkin v. TaylorSupreme Court of Kansas · 1870

3Cited by19 opinions

  1. Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
  2. State v. SweetSupreme Court of Kansas · 1917
  3. Clark v. SpencerSupreme Court of Kansas · 1875
  4. State v. Pool GrinsteadSupreme Court of Kansas · 1901
  5. Mansfield Painting & Decorating, Inc. v. Budlaw Services, Inc.Court of Appeals of Kansas · 1979

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