Neal v. Reynolds
Supreme Court of Kansas
Error from Allen District Court. The opinion states the material facts. At the June Term, 1885, the court sustained the motion of defendants to strike out and dismiss the second cause of action inserted in plaintiff A amended petition.
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Error from Allen District Court. The opinion states the material facts. At the June Term, 1885, the court sustained the motion of defendants to strike out and dismiss the second cause of action inserted in plaintiff A amended petition. Afterward the defendants demurred to the first cause of action in said petition, for the following reasons: “1. Because so far as said first cause of action alleges facts, and to recover a judgment for money only, the court has no jurisdiction of the persons of defendants, said defendants not residing in nor having been summoned in the county of Allen. “ 2.…
1Opinion of the Court
Opinion by
Simpson, C.:
Two assignments of error are strongly insisted on; the first being the ruling on the motion to strike out and dismiss the second cause of action set out in the amended petition, and the other being the ruling sustain*434ing the demurrer to the first cause of action alleged in the amended petition.
I. The action as originally commenced in the district court of Allen county was one to rescind a real-estate contract, whereby the plaintiff in error exchanged real estate situated in the city of Humboldt, in Allen county, for farming land situated in the state of Missouri. The…
2Cases cited2 opinions
- Jeffers v. ForbesSupreme Court of Kansas · 1882
- Brenner v. EglySupreme Court of Kansas · 1879
3Cited by20 opinions
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1916
- Wilhelm v. Consolidated Oil CorporationCourt of Appeals for the Tenth Circuit · 1936
- Beneke v. Bankers Mortgage Co.Supreme Court of Kansas · 1925
- O'Shea v. VaughnMassachusetts Supreme Judicial Court · 1909
- Cleaves v. ThompsonSupreme Court of Kansas · 1926
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