Legal Opinion

McGonigle v. Atchison

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 17 opinions

Error from Leavenworth Distriet Court. ACTION by Atehison against McGonigle, to recover $2,000 damages for 200,000 bushels of sand alleged to have been taken from plaintiff’s premises in Platte county, Missouri, by the defendant, brought to Leavenworth, Kansas, and converted to his own use. Trial at the December Term, 1883, and verdict for plaintiff for $1. Defendant moved for a new trial, which motion the court overruled. Judgment upon the verdict for plaintiff.

Read the full summary

Error from Leavenworth Distriet Court. ACTION by Atehison against McGonigle, to recover $2,000 damages for 200,000 bushels of sand alleged to have been taken from plaintiff’s premises in Platte county, Missouri, by the defendant, brought to Leavenworth, Kansas, and converted to his own use. Trial at the December Term, 1883, and verdict for plaintiff for $1. Defendant moved for a new trial, which motion the court overruled. Judgment upon the verdict for plaintiff. McGonigle brings the case to this court. The opinion states the material facts. Is this a local or a transitory action? Is it…

1Opinion of the Court

The opinion of the court was delivered by

YaleNTINE, J.:

This case has been brought to this court upon a “case-made,” which is a model of brevity and clearness, and reflects great credit upon the able counsel who prepared it. The case has also been very ably presented to this court by counsel on both sides, and if we should err in its decision, it will not be their fault. ‘ The amount involved in this controversy seems to be small and trifling, but the principles involved are supposed to be of vital importance, and counsel for plaintiff in error, defendant below, says that the decision of the…

2Cases cited17 opinions

  1. Halleck v. MixerCalifornia Supreme Court · 1860
  2. Mooers v. WaitNew York Supreme Court · 1829
  3. American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
  4. Fanson v. LinsleySupreme Court of Kansas · 1878
  5. Fitzpatrick v. GebhartSupreme Court of Kansas · 1871

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

3Cited by17 opinions

  1. Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
  2. Ophir Silver Mining Co. v. Superior CourtCalifornia Supreme Court · 1905
  3. Laslie v. Gragg Lumber Co.Supreme Court of Georgia · 1937
  4. Montesano Lumber Co. v. Portland Iron WorksOregon Supreme Court · 1915
  5. Kingman, Pratt & Western Railroad v. QuinnSupreme Court of Kansas · 1891

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API