Hays v. Crist
Supreme Court of Kansas
Error from Pottawatomie County. The record would seem to show that the plaintiff injustice court, Crist, raised the crop injured “on shares,” and that Lucinda Springer was joint owner with him thereof. Other facts appear in the opinion of the court.. .submitted: 1. Time was material, and should have been alleged. 2 Qreenl. Bn., §624, n. 2. 2. The court erred in allowing plaintiff to vary his pleading in district court from his bill of particulars in the justice’s court.
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Error from Pottawatomie County. The record would seem to show that the plaintiff injustice court, Crist, raised the crop injured “on shares,” and that Lucinda Springer was joint owner with him thereof. Other facts appear in the opinion of the court.. .submitted: 1. Time was material, and should have been alleged. 2 Qreenl. Bn., §624, n. 2. 2. The court erred in allowing plaintiff to vary his pleading in district court from his bill of particulars in the justice’s court. Comp: L., 626, §§53, 54; id., 635, §107; 3 Kas. B., 433. 3. The landlord was a party in interest, and should have been…
1Opinion of the Court
By the Court,
Safford, J.
George H. Crist brought an action against David Hays, to recover damages for injuries to his growing crops, alleged to have been done by defendant’s hogs, in June, 1865. Trial was'had before S. V. Lee, J. P., of Pottawatomie county, and Crist recovered a judgment for fifty dollars damages, and costs of suit. Defendant then appealed to the district court, where the issues between the parties were made up by the filing of the plaintiff’s petition, the answer of defendant, and the reply of the plaintiff. The cause was submitted to a jury, who returned a verdict for…
2Cited by2 opinions
- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
- Sayers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1910