Pierce v. Bicknell
Supreme Court of Kansas
Error from Woodson District Court. Bicknell brought suit against Pierce and Prutsman, and recovered judgment against Pierce alone. The facts, and questions of practice arising in the case, are stated in the opinion. The action was tried at the March Term 1872 of the district court. Pierce brings the case here on error. 1. The motion to compel the plaintiff below to separately and distinctly state the causes of action in his petition ought to have’been sustained.
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Error from Woodson District Court. Bicknell brought suit against Pierce and Prutsman, and recovered judgment against Pierce alone. The facts, and questions of practice arising in the case, are stated in the opinion. The action was tried at the March Term 1872 of the district court. Pierce brings the case here on error. 1. The motion to compel the plaintiff below to separately and distinctly state the causes of action in his petition ought to have’been sustained. There are three causes of action attempted to be stated in the petition, as follows: One against Prutsman as contractor, and Pierce…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The petition in the court below, together with the exhibits attached thereto, state among other things the following facts: The plaintiff in error, Thomas Pierce, (who was defendant in the court below,) and one J. A. Prutsman, who was also a defendant below, entered into a certain written contract as follows: Prutsman was to build a certain frame house for Pierce, for which he was to receive $3,000 as compensation, and Pierce was then to lease the house to Prutsman for a hotel for $1,000 per year. Pierce was also to make certain other…
2Cases cited3 opinions
- Board of Commissioners v. HoaglinSupreme Court of Kansas · 1870
- Forsyth v. John & James EdminstonThe Superior Court of New York City · 1855
- Waller v. RaskanNew York Supreme Court · 1855
3Cited by5 opinions
- Burdick v. Carbondale Investment Co.Supreme Court of Kansas · 1905
- Gallemore v. BuzzardSupreme Court of Oklahoma · 1924
- New v. SmithSupreme Court of Kansas · 1906
- Western Union Telegraph Co. v. SimpsonCourt of Appeals of Kansas · 1900
- Provident Trust Co. v. CoronCourt of Appeals of Kansas · 1897