Board of Com'rs v. Sherwood
Court of Appeals for the Eighth Circuit
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
- Slacum v. PomerySupreme Court of the United States · 1810
- Moline Plow Co. v. WebbSupreme Court of the United States · 1891
- Brown v. Galena Mining & Smelting Co.Supreme Court of Kansas · 1884
- Drake v. BartonSupreme Court of Minnesota · 1872
- Henderson v. JohnsSupreme Court of Colorado · 1889
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