Wichita & Western Railway Co. v. Quinn
Supreme Court of Kansas
Error from Pratt District Court. Hon. W. O. Bashore, Judge. This action was commenced by W. J. Quinn against the Kingman, Pratt & Western Railroad Company to recover damages for a malicious arrest unlawfully made. The plaintiff was in the possession of a half-section of land in Richland. Township, Pratt County, the title to one quarter-section of which was in the name of his wife, and the other in his own name.
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Error from Pratt District Court. Hon. W. O. Bashore, Judge. This action was commenced by W. J. Quinn against the Kingman, Pratt & Western Railroad Company to recover damages for a malicious arrest unlawfully made. The plaintiff was in the possession of a half-section of land in Richland. Township, Pratt County, the title to one quarter-section of which was in the name of his wife, and the other in his own name. In the summer of 1886, the Kingman, Pratt & Western Railroad Company caused a right of way for its railroad to be condemned across the plaintiff’s land. From the award of the…
1Opinion of the CourtAllen, J.
*7421. Original action revived against substituted plaintiff in error securing reversal. *741The first proposition urged is, that more than one year elapsed after the consolidation of the two railroad companies without any proceeding in the District Court to revive the judgment against the new corporation. It is insisted that the cases of K. O. & T. Rly. Co. v. Smith, 40 Kan. 192; Kunkle v. Railway Co., 54 id. 194, and C. K. & W. Rld. Co. v. Butts, 55 id. 660, are decisive of this case, and that under these authorities the action in the District Court was dead, and could not be revived without the…
2Cases cited3 opinions
- Clifton v. StateSupreme Court of Alabama · 1883
- Kansas, Oklahoma & Texas Railway Co. v. SmithSupreme Court of Kansas · 1888
- State v. JohnsSupreme Court of Missouri · 1894
3Cited by5 opinions
- Curry v. Kansas & Colorado Pacific Railway Co.Supreme Court of Kansas · 1897
- Drumm v. CessnumSupreme Court of Kansas · 1897
- Dickinson v. AbbSupreme Court of Oklahoma · 1918
- Brown v. HillmanSupreme Court of Oklahoma · 1911
- Carr v. FarrellSupreme Court of Kansas · 1901