Legal Opinion

Kansas City, Wyandotte & Northwestern Railroad v. Walker

Supreme Court of Kansas

Decided January 15, 1893PublishedCited by 6 opinions

Error from JacJcson District Court. Action by the Railroad Company against Walker and another for the specific performance of a land contract. On the judgment and orders entered at the November term, 1889, the plaintiff brings error. The facts appear in the opinion. The duty of the court, upon plaintiff’s failure to appear, is plainly fixed by statute.

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Error from JacJcson District Court. Action by the Railroad Company against Walker and another for the specific performance of a land contract. On the judgment and orders entered at the November term, 1889, the plaintiff brings error. The facts appear in the opinion. The duty of the court, upon plaintiff’s failure to appear, is plainly fixed by statute. Civil Code, §397; also, §§396,398. See, also, Moore v. Toennisson, 28 Kas. 608, 610. In this case the defendant dismissed the counterclaim, and the case stood simply upon plaintiff’s petition. The statutory duty of the court was to dismiss this…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The Kansas City, Wyandotte & Northwestern Railroad Company commenced an action against A. D. Walker and H. Tucker for the specific performance of a contract to convey land for a right-of-way, and for the payment of certain sums of money. The answer contained a general denial, and also set up counterclaims and set-offs for the unlawful taking of land owned by the defendants. The *742cause was regularly assigned for hearing on November 13> 1889. Owing to a mistake of plaintiff’s attorney as to the time of the trial, the plaintiff failed to…

2Cases cited2 opinions

  1. Herring v. PoritzAppellate Court of Illinois · 1880
  2. Case v. HannahsSupreme Court of Kansas · 1864

3Cited by6 opinions

  1. Suhre v. KottCourt of Appeals of Texas · 1917
  2. First National Bank v. White-Dulany Co.Washington Supreme Court · 1922
  3. In re CostelloNew York Supreme Court · 1951
  4. Lever v. State Ex Rel. ShullSupreme Court of Oklahoma · 1932
  5. Frias v. RodríguezSupreme Court of Puerto Rico · 1908

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