Allen v. Corlew
Supreme Court of Kansas
Error from, Greenwood District Cowrt. Corlew brought his action in the district court against W. Q,. Wickersham, John D. Allen, A. G. Allen, and Thomas Barton, for breaking and entering the close of plaintiff, (forty acres of land, describing it,) tearing down and removing fences and buildings thereon, and forcibly and unlawfully ejecting plaintiff from said premises.
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Error from, Greenwood District Cowrt. Corlew brought his action in the district court against W. Q,. Wickersham, John D. Allen, A. G. Allen, and Thomas Barton, for breaking and entering the close of plaintiff, (forty acres of land, describing it,) tearing down and removing fences and buildings thereon, and forcibly and unlawfully ejecting plaintiff from said premises. The defendants answered, that Wickersham was a justice of the peace, that A. G. Allen was a constable, and that the acts and alleged trespasses were done and committed by said A• G. Allen, as such constable, in the execution of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendant in error brought suit against plaintiffs in error for certain alleged trespasses committed by them. A. G. Allen justified as constable executing a writ of restitution regular on its face. The suit Avas dismissed as to Wickersham. John D. Allen and Thomas Barton claim to have acted on the call of the constable for assistance in executing the writ. John D. Allen was also the plaintiff in the action before the justice of the peace wherein the Avrit of restitution was issued. Robert Corlew was the defendant in such action. On the trial…
2Cases cited10 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Parker v. WalrodCourt for the Trial of Impeachments and Correction of Errors · 1836
- Bogert v. PhelpsWisconsin Supreme Court · 1861
- McDonald v. WilkieIllinois Supreme Court · 1851
- Sprague v. BirchardWisconsin Supreme Court · 1853
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3Cited by7 opinions
- Beede v. Nides Finance Corp.Supreme Court of Minnesota · 1941
- Kasparek v. ThroopSupreme Court of Kansas · 1916
- Little v. SowersSupreme Court of Kansas · 1949
- Dahl v. HalversonSupreme Court of Minnesota · 1929
- Hamilton v. ThomsonCourt of Appeals of Kansas · 1896
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