Hanlin v. Baxter
Supreme Court of Kansas
Error from Cowley District Court. Action originally commenced in the name of John B. Baxter against Hanlin before a justice of the peace for the recovery of damages alleged to have been done by Hanlin’s cattle on certain described real estate. The bill of particulars did not allege to whom said real estate belonged, or who had been injured thereby. Summons was issued and served on Hanlin, who appeared before said justice at the hour set for the trial.
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Error from Cowley District Court. Action originally commenced in the name of John B. Baxter against Hanlin before a justice of the peace for the recovery of damages alleged to have been done by Hanlin’s cattle on certain described real estate. The bill of particulars did not allege to whom said real estate belonged, or who had been injured thereby. Summons was issued and served on Hanlin, who appeared before said justice at the hour set for the trial. A jury was demanded, duly summoned, and accepted. At this point in the proceeding, John B. Baxter asked and obtained leave to substitute…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
An action was commenced before a justice of the peace in the name of John B. Baxter, to recover of plaintiff in error, defendant below, damages done by the cattle of the latter trespassing on certain specified premises. When the case was called for trial, plaintiff obtained leave to amend his bill of particulars by substituting the name of Wm. O. Baxter as plaintiff, and adding an allegation that the latter was the owner of the premises upon which the trespass was committed. Upon what showing this amendment was allowed, does not appear, the…
2Cases cited11 opinions
- Martel v. SomersTexas Supreme Court · 1863
- City of Atchison v. TwineSupreme Court of Kansas · 1872
- Hubler v. PullenIndiana Supreme Court · 1857
- Stevens v. ThompsonSupreme Court of Kansas · 1870
- Price v. WileyTexas Supreme Court · 1857
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3Cited by16 opinions
- Mulhall v. MulhallSupreme Court of Oklahoma · 1895
- N. A. Kennedy Butter Tub Co. v. First & Hamilton National Bank of Fort WayneSupreme Court of Kansas · 1924
- Dierks v. WalshSupreme Court of Oklahoma · 1946
- Weaver v. YoungSupreme Court of Kansas · 1887
- Paola Town Co. v. KrutzSupreme Court of Kansas · 1879
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