Legal Opinion

Leavenworth, Lawrence & Galveston Rld. v. Van Riper

Supreme Court of Kansas

Decided July 15, 1877PublishedCited by 8 opinions

Error from, Allen District Court. All necessary facts and proceedings are stated in the subjoined opinion. The district court at July Term 1876, gave judgment in favor of Van Riper, plaintiff, and the Railroad Company brings the case here.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This action was originally commenced in a justice’s court. The plaintiff filed a bill of particulars therein, claiming $25 as damages for a cow alleged to have been killed by the defendant railroad company, and. $25 as attorney-fees for the prosecution of the action. A summons was issued with the following indorsement thereon, to-wit: “If defendant fails to appear, plaintiff claims judgment the sum of $25, and costs of suit, and an attorney-fee of $25.”

This indorsement was made in pursuance of that provision in the justice’s act which…

2Cited by8 opinions

  1. Avery v. Jayhawker Gasoline Co.Supreme Court of Oklahoma · 1924
  2. Raymer v. Comley Lumber Co.Supreme Court of Oklahoma · 1934
  3. Beekman v. TrowerSupreme Court of Kansas · 1910
  4. Vermont Loan & Trust Co. v. McGregorIdaho Supreme Court · 1897
  5. Davenport v. JamisonSupreme Court of Oklahoma · 1918

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