Frankhouser v. Neally
Supreme Court of Kansas
Error from Osage District Court. This was an action commenced before a justice of the peace of Osage county on February 15, 1890, by J. J. Neally, against N. Frankhouser, who was then sheriff of Osage county, by filing a bill of particulars (omitting title and caption) as follows: “The plaintiff alleges that the defendant is indebted to the plaintiff in the sum of $200 upon account, to wit: That on about the 1st day of January, 1890, N. Frankhouser, by his deputy, C.…
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Error from Osage District Court. This was an action commenced before a justice of the peace of Osage county on February 15, 1890, by J. J. Neally, against N. Frankhouser, who was then sheriff of Osage county, by filing a bill of particulars (omitting title and caption) as follows: “The plaintiff alleges that the defendant is indebted to the plaintiff in the sum of $200 upon account, to wit: That on about the 1st day of January, 1890, N. Frankhouser, by his deputy, C. Manrose, as sheriff of Osage county, by virtue of a pretended writ of execution against the property of W. L. Neally, W. Z.…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Upon the trial, plaintiff below offered the deposition of George W. Neally. This was permitted to be read in evidence, over the objection of defendant below. The deposition showed that the witness was a resident of Osage county. There was no showing made that the witness could not be produced upon the trial. The court, therefore, committed error in permitting the deposition to be read in evidence. (C. K. & N. Rly. Co. v. Brown, 44 Kas. 384.)
“1. Where a person takes and sells the property of another, the owner may elect to waive the tort…
2Cases cited2 opinions
- Smith v. McCarthySupreme Court of Kansas · 1888
- Chicago, Kansas & Nebraska Railway Co. v. BrownSupreme Court of Kansas · 1890
3Cited by3 opinions
- Frankhouser v. NeallyCourt of Appeals of Kansas · 1899
- Smart v. CainSupreme Court of Oklahoma · 1972
- Smart v. CainSupreme Court of Oklahoma · 1972