Smith v. Smith
Supreme Court of Kansas
Error from Linn District Court. On May 31,1881, Ed. JR. Smith filed the following petition in the district court of Linn county, omitting court and title: “ Plaintiff, for a cause of action against defendant, says that he resides upon, is in possession, cultivates and is the owner of the following lands and tenements in Linn county, Kansas, to wit: The west half of the northeast quarter of section 14 and the west half of the southeast quarter of section 11, all in township…
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Error from Linn District Court. On May 31,1881, Ed. JR. Smith filed the following petition in the district court of Linn county, omitting court and title: “ Plaintiff, for a cause of action against defendant, says that he resides upon, is in possession, cultivates and is the owner of the following lands and tenements in Linn county, Kansas, to wit: The west half of the northeast quarter of section 14 and the west half of the southeast quarter of section 11, all in township 22, range 23; that he occupies and cultivates said land as a farm, and it is the homestead of himself and family; that he…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action brought by Ed. R. Smith against S. W. Smith, to recover damages for obstructing a public road. It was admitted that the obstructions were placed as alleged in the petition. Nominal damages only were claimed upon the trial, the real contest between the parties being whether there was a legal highway at the points obstructed. Judgment was rendered for plaintiff. The defendant’s motion for a new trial being overruled, he brings the case here.
The demurrer to the petition was properly overruled. The injury alleged is special…
2Cases cited9 opinions
- Bobbett v. StateSupreme Court of Kansas · 1872
- Warren v. President of JacksonvilleIllinois Supreme Court · 1853
- State v. K. C., St. J. & C. B. R. Co.Supreme Court of Iowa · 1876
- Graham v. HartnettNebraska Supreme Court · 1880
- State v. GreenSupreme Court of Iowa · 1875
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3Cited by14 opinions
- Union Pacific Railway Co. v. KindredSupreme Court of Kansas · 1890
- Cunningham v. San Saba CountyCourt of Appeals of Texas · 1892
- Engle v. HuntNebraska Supreme Court · 1897
- Shanline v. WiltsieSupreme Court of Kansas · 1904
- Missouri, Kansas & Texas Railway Co. v. WatsonSupreme Court of Kansas · 1906
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