Legal Opinion

Stevens v. Miller

Court of Appeals of Kansas

Decided January 11, 1896No. 71PublishedCited by 9 opinions

Memorandum. — Error from Labette district court; J. D. McCue, judge. Action by William Miller, and John H. Lyles, as guardian of Rose E. Miller, against tbe mayor and council of tbe city of Parsons for a writ of mandamus. Defendants bring the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Cole, J.:

On October 19,1888, Ida L. Miller recovered a judgment against the city of Parsons for injuries received upon a defective sidewalk in said*city. On November 19, 1888, said Ida L. Miller died intestate, leaving as her heirs at law her husband and one child. On March 4, 1889, the action was revived in the names of William Miller, husband of Ida L. Miller, deceased, and John H. Lyles, guardian of said minor child. Said revivor was had upon due notice to the defendant and appearance by its attorney, and without objection upon the part of the…

2Cases cited7 opinions

  1. Butz v. City of MuscatineSupreme Court of the United States · 1869
  2. Coy v. City Council of Lyons CitySupreme Court of Iowa · 1864
  3. Switzer v. City of WellingtonSupreme Court of Kansas · 1888
  4. Iowa Railroad Land v. County of SacSupreme Court of Iowa · 1874
  5. First National Bank v. City of OttawaSupreme Court of Kansas · 1890

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3Cited by9 opinions

  1. State v. RichardsonOregon Supreme Court · 1906
  2. City of Ardmore v. Excise BoardSupreme Court of Oklahoma · 1932
  3. Board Ed. of Guthrie v. Excise Board of Logan Co.Supreme Court of Oklahoma · 1922
  4. Phelps v. LodgeSupreme Court of Kansas · 1899
  5. Atchison, Topeka & Santa Fe Railway Co. v. City of Kansas CitySupreme Court of Kansas · 1914

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