Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas, Volume 21Kansas. 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, 1879 |
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Common terms and phrases
action affidavit alleged amended assignment Atchison authority bank Bledsoes bonds case-made cattle certificate charge claim Comm'rs commenced contract corporation counsel county buildings county commissioners court of equity court was delivered damages debt deed defendant in error demurrer district court equity evidence executed fact favor filed Ford county Fort Scott fraud held homestead interest issued judge judgment jurisdiction jury Justices concurring Kansas land Lapham Leavenworth Leavenworth county legislature levied liable lien Marion county McMillan ment Missouri River Morris county mortgage notice opinion owner paid party Pawnee county payment person petition plaintiff in error possession Pratt county proceedings provides purchase question railroad company record recover rendered replevin Robert Morrow Saline Saline county Shawnee Stat statute sufficient sureties term testified testimony thereof tion Topeka township trial valid verdict void witness
Popular passages
Page 168 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 147 - States, he or they may make and file a petition in such suit in such state court before or at the term at which said cause could be first tried, and before the trial thereof...
Page 165 - It is further enacted, that no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized...
Page 441 - An act [to amend an act entitled an act] to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four.
Page 351 - Snyder, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of one dollar to them in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged...
Page 169 - Whenever the main purpose and object of the promisor is not to answer for another, but to subserve some pecuniary or business purpose of his own, involving either a benefit to himself or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the performance of it may incidentally have the effect of extinguishing that liability.
Page 23 - The following persons shall be Incompetent to testify: * * * "Third. Husband and wife, for or against each other, except concerning transactions In which one acted as the agent of the other, or when they are Joint parties and have a joint interest in the action; but in no case shall either be permitted to testify concernIng any communication made by one to the other during the marriage, whether called while that relation subsisted, or afterwards.
Page 215 - States should appropriate twenty thousand dollars, or so much thereof as might be necessary, for the purpose of...
Page 216 - Counties are at most but local organizations, which, for the purposes of civil administration, are invested with a few functions characteristic of a corporate existence. They are local subdivisions of the State, created by the sovereign power of the State, of its own sovereign will, without the particular solicitation, consent, or concurrent action of the people who inhabit them.
Page 578 - The general purpose of these provisions is accomplished when a law has but one general object, which is fairly indicated by its title. To require every end and means necessary or convenient for the accomplishment of this general object to be provided for by a special act relating to that alone would not only be unreasonable, but would actually render legislation impossible.