Arn v. Matthews
Supreme Court of Kansas
Error from Wyandotte District Court. Action to recover damages for trespass upon land. The opinion states the facts. Judgment for plaintiff Matthews, at the July term, 1886. The defendants, Arn and another, bring the case here.
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
Samuel S. Matthews recovered a judgment in the district court of Wyandotte county against Ferdinand Arn and Edward F. Arn, for injury to real estate owned by him. The action was brought under chapter 113 of the General Statutes, known as the “triple-damage act,” and the amount of the recovery was $526.50.
1. Trespass-triple damages-possession. One point made for reversal is, that the action can only be maintained when the plaintiff is in possession of the premises, and that it is not alleged or shown that Matthews had the possession,, or…
2Cases cited3 opinions
- Fitzpatrick v. GebhartSupreme Court of Kansas · 1871
- Gray v. UlrichSupreme Court of Kansas · 1871
- Neil v. J. I. Case & Co.Supreme Court of Kansas · 1881
3Cited by6 opinions
- Avery v. SpicerSupreme Court of Connecticut · 1916
- Mathewson v. RichardsSupreme Court of Kansas · 1923
- Capper v. Manufacturers Paper Co.Supreme Court of Kansas · 1912
- Chicago, Kansas & Western Railroad v. WatkinsSupreme Court of Kansas · 1890
- Gugenhan v. Blue Valley National Bank (In Re Gugenhan)United States Bankruptcy Court, D. Kansas · 1985
1 more not listed; retrieve them via the Exa API.