Kaw Valley Fair Ass'n v. Miller
Supreme Court of Kansas
Error from, Pottawatomie District Court. Action to recover damages for trespass. The Association complains of a judgment for costs against it, rendered at the September term, 1887. The facts appear in the opinion.
1Opinion of the Court
Opinion by
Holt, C.:
The plaintiff brought its action under chapter 113, Comp. Laws of 1885, asking for treble damages for a trespass upon its property. Before the action was commenced the defendant tendered the plaintiff, through its proper officers, $40, and in his answer says he brings said sum into court. Upon the trial a judgment was rendered in *21favor of plaintiff for $40 damages, and for the defendant and against plaintiff for the costs. Of this judgment for costs the plaintiff complains. He contends that no tender is allowed for torts. It is well settled at common law that a tender could…
2Cases cited2 opinions
- Green v. ShurtliffSupreme Court of Vermont · 1847
- Clippenger v. IngramSupreme Court of Kansas · 1877
3Cited by8 opinions
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- Dulan v. JohnstonSupreme Court of Oklahoma · 1984
- Basler v. Sacramento Gas & Elec. Co.California Supreme Court · 1910
- Hammond v. N. P. R. R.Oregon Supreme Court · 1892
- Patrick v. Ilwaco Oyster Co.Washington Supreme Court · 1937
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