Howell v. Pugh
Supreme Court of Kansas
Error from, Johnson District Court, ACTION brought by Howell against Pugh and another, to recover damages for the alleged conversion by the defendants of certain property, of which the plaintiff claimed to be the absolute owner, and entitled to the possession thereof, to wit: One-half of eight acres of wheat in the stack, of the value of $80; one-third of twenty-two acres of corn in the field, of ° the value of $50; and one-third of twenty-eight acres of flax in the stack,…
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Error from, Johnson District Court, ACTION brought by Howell against Pugh and another, to recover damages for the alleged conversion by the defendants of certain property, of which the plaintiff claimed to be the absolute owner, and entitled to the possession thereof, to wit: One-half of eight acres of wheat in the stack, of the value of $80; one-third of twenty-two acres of corn in the field, of ° the value of $50; and one-third of twenty-eight acres of flax in the stack, of the value of $100. Trial at the June Term, 1880, of the district court, and judgment for the defendants. The plaintiff…
1Opinion of the Court
The opinion of the court was delivered, by
Brewer, J.:
This is a proceeding in error to review the action of the district court of Johnson county in granting a new trial. It has been repeatedly held that in such cases this court will require a much stronger case for interference than when a new trial is refused. (Field v. Kinnear, 5 Kas. 233; City of Ottawa v. Washabaugh, 11 Kas. 125.) Does the record here present such a clear case as justifies us in disturbing the order of the district court? We think not. It is very evident that the jury disregarded the instructions of the court. Indeed, the…
2Cases cited1 opinion
- Field v. KinnearSupreme Court of Kansas · 1869
3Cited by7 opinions
- James v. ColemanSupreme Court of Oklahoma · 1917
- Atkinson v. DarlingSupreme Court of Kansas · 1920
- Atchison, Topeka & Santa Fe Railway Co. v. SchrollSupreme Court of Kansas · 1907
- Hughes v. VosslerSupreme Court of Kansas · 1922
- World Mutual Benefit Ass'n v. WorthingNebraska Supreme Court · 1900
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