Atchison, Topeka & Santa Fé Railroad v. Board of Commissioners
Supreme Court of Kansas
Error from Sumner District Court. Action by the County Board of Sumner county and another against the Atchison, Topeka & Santa Fé Railroad Company and others. Judgment for the plaintiff, at the September term, 1891. The defendants come to this court. The opinion states the nature of the action and the material facts. 1. The demurrer should have been sustained, upon the ground of a misjoinder of causes of action in plaintiff’s petition.
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Error from Sumner District Court. Action by the County Board of Sumner county and another against the Atchison, Topeka & Santa Fé Railroad Company and others. Judgment for the plaintiff, at the September term, 1891. The defendants come to this court. The opinion states the nature of the action and the material facts. 1. The demurrer should have been sustained, upon the ground of a misjoinder of causes of action in plaintiff’s petition. A motion to make' more definite and certain by separately stating and numbering the several causes of action, etc., was duly filed, argued, overruled, and…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This action was brought in 1885, by the board of county commissioners of the county of Sumner against the Atchison, Topeka & Santa Fé Railroad Company, the Cowley, Sumner & Fort Smith Railroad Company, and the Wichita & Southwestern Railway Company; and the petition first filed was afterward amended by adding allegations of fact, and the naming of additional defendants. In September, 1887, a third amended petition was filed, in which the Harvey County Railroad Company, the Wichita & Southwestern Railroad Company, and the board of county…
2Cases cited3 opinions
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