Legal Opinion · Concurrence

Board of Com'rs v. Sherwood

Court of Appeals for the Eighth Circuit

Decided October 8, 1894No. 379Published

In Error to tbe Circuit Court of tbe United States for tbe District of Kansas.

1ConcurrenceSanborn, Circuit Judge

I concur in the result on the ground that the complaint states facts sufficient to constitute a cause of action, and that the positions' taken in the opinion upon the other questions discussed are sound. I am of the opinion that the objection to the introduction of evidence on the ground that the complaint does not state facts sufficient to constitute a cause of action is sufficiently definite to raise the question of its sufficiency. Rev. St. § 914; Gen. St. Kan. pars. 4172, 4174; Brown v. Smelting Co., 32 Kan. 528, 530, 4 Pac. 1013; Bank v. Haden, 35 Mo. 358, 362; Morgan v. Bouse, 53 Mo.…

2Cases cited11 opinions

  1. Slacum v. PomerySupreme Court of the United States · 1810
  2. Moline Plow Co. v. WebbSupreme Court of the United States · 1891
  3. Brown v. Galena Mining & Smelting Co.Supreme Court of Kansas · 1884
  4. Drake v. BartonSupreme Court of Minnesota · 1872
  5. Henderson v. JohnsSupreme Court of Colorado · 1889

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