Kansas Reports, Volume 71Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue Kansas state printing plant, 1906 |
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agent agreement Allaman alleged amount appears authority bank cattle cause of action charge City claim common law constitution contract conveyance corporation court was delivered damages defendant in error defendant's demurrer district court duty equity evidence execution fact fendant granted held highway indorsement injury instructions issued judge jurisdiction jury Justices concurring Kansas land liable lien liquors loan March 11 ment Miller mortgage motion negligence Opinion filed June owner paid parties payment person petition plaintiff in error pleaded proceedings prosecution purchaser purpose question quiet title quitclaim deed railroad company railway company real estate reason recover refused rendered Reno county reversed rule sheriff's deed Smith sold special findings Stat statement statute of frauds statute of limitations Statutes of 1901 street sufficient suit sustained SYLLABUS tax deed testimony thereof tiff tion tract trial court verdict witness
Popular passages
Page 529 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had he lived, against the latter for an injury for the same act or omission.
Page 392 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 831 - The State shall not be a party to, or interested in, any work of internal improvement, nor engaged in carrying on any such work, except in the expenditure of grants to the State of land or other property...
Page 23 - Where several persons are employed in the conduct of one common enterprise or undertaking, and the safety of each deBridge Co. v. Miller. pends much on the care and skill with which each other shall perform his appropriate duty, each is an observer of the conduct of the others, can give notice of any misconduct, incapacity, or neglect of duty, and leave the service, if the common employer will not take such precautions and employ such agents as the safety of the whole party may require.
Page 694 - That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person...
Page 413 - ... all actions of debt grounded upon any lending or contract, without specialty, and all actions of debt for arrearages of rent, shall be commenced and sued within six years next after the cause of such action or suit, and not after.
Page 289 - The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.
Page 162 - The true meaning of this maxim is, that equity will treat the subject-matter, as to collateral consequences, and incidents, in the same manner as if the final acts contemplated by the parties had been executed exactly as they oug-ht to have been ; not as the parties might have executed them.
Page 239 - Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 24 - ... one but himself; and he is not liable in tort, as for the negligence of his servant, because the person suffering does not stand towards him in the relation of a stranger, but is one whose rights are regulated by contract, express or implied.