Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas. Published Under Authority of Law by Direction of the Supreme Court of Kansas, Volume 59 |
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Common terms and phrases
adverse possession Affirmed alleged amount answer appears assignment attorney authority Bank bond Branner cause of action charge City claim Coffey County contract corporation Court of Appeals creditors damages death debt deceased deed defendant in error demurrer discharge District Court DOSTER engine estopped evidence execution fact favor fendant filed April foreclosure Fort Scott fraud George Manley guaranty Haenky held Highland Hall injury interest issued Judge judgment jury Kansas land levy liability lien Matney ment mortgage motion negligence notes objection officer Opinion filed paid pany parties payment person petition plaintiff in error pleadings possession probate court proceedings proof prosecution purchase question railroad company Railway Company received record recover rendered reversed Rock Island rule sheriff statute stockholder supersedeas bond sustained taxes testimony thereof tion Topeka track train trust Union Pacific verdict witness
Popular passages
Page 397 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 32 - An act granting to railroads the right of way through the public lands of the United States.
Page 397 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Page 304 - When a conveyance for a valuable consideration is made to one person and the consideration therefor paid by another, no use or trust shall result in favor of the latter; but the title shall vest in the former, subject to the provisions of the next two sections.
Page 711 - At the trial, the city objected to the introduction of any evidence in behalf of the plaintiff, on the ground that the petition did not state facts sufficient to constitute a cause of action.
Page 53 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 104 - it is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Page 397 - The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Page 34 - Territory, which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same...
Page 174 - The case was tried to a jury, and resulted in a verdict for the defendants.