Legal Opinion

Simpson v. Greeley

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 18 opinions

Error from Leavenworth District Court. Ejectment, brought by C. 8. Creeley and seven others, against Wm. A. Simpson and eight others, to recover the possession of 611 acres of land. The petition alleged that plaintiffs were owners of said lands in fee, and contained a demand also for the recovery of the rents, issues and profits of said lands for twenty-two months, and damages for cutting down and carrying away timber.

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Error from Leavenworth District Court. Ejectment, brought by C. 8. Creeley and seven others, against Wm. A. Simpson and eight others, to recover the possession of 611 acres of land. The petition alleged that plaintiffs were owners of said lands in fee, and contained a demand also for the recovery of the rents, issues and profits of said lands for twenty-two months, and damages for cutting down and carrying away timber. The petition was filed December 9th 1868. Defendants answered, admitting their possession of said lands since February 21st 1867, and alleging, 1st, that the lands claimed were…

1Opinion of the Court

The opinion of the court was delivered by

Kingman, O. J.:

The practice of amending pleadings by interlineation is very reprehensible; but where the party has answered after such an amendment he cannot be heard on that point when asking a reversal. It is the duty of each court to preserve its records, and prevent their mutilation; but it would be a burlesque on the administration of justice if after a protracted trial of an important case the judgment should be reversed for a cause that in nowise affected the rights or interests of the party complaining.

This action was instituted to recover the…

2Cases cited2 opinions

  1. Clark v. BakerCalifornia Supreme Court · 1860
  2. Jackson ex dem. M'Crackin v. WrightNew York Supreme Court · 1817

3Cited by18 opinions

  1. Johnson v. WilliamsSupreme Court of Kansas · 1887
  2. State v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1910
  3. Ott v. SpragueSupreme Court of Kansas · 1882
  4. Bragdon v. McSheaSupreme Court of Oklahoma · 1910
  5. Solomon Railroad v. JonesSupreme Court of Kansas · 1885

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