Kansas Reports, Volume 75
Kansas. 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, 1908
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accepted action affirmed agent agreement alleged amount answer appears apply authority bank brought cause charged claim consideration considered constitute contention contract corporation damages death deed defendant delivered determined district court duty effect entered entitled evidence executed fact filed findings foreign fraud further give given grant held injury instruction intention interest issue judge judgment jury Kansas land lease limitations matter means ment necessary negligence notice objection officers opinion Opinion filed owner paid party passed payment person petition plaintiff in error pleadings possession presented proceeding purchaser question Railroad Railway reason received record recover refused relation removal rendered rule sell signed statement statute sufficient suit sustained SYLLABUS taken Telegraph testimony tion trial verdict witness
Page 556 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 113 - ... keep the word of promise to the ear, and break it to the hope" — we have presumed to court the assistance of the friends of the drama to strengthen our infant institution.
Page 25 - The repeal of a statute does not revive a statute previously repealed, nor does such repeal affect any right which accrued, any duty imposed, any penalty incurred, nor any proceeding commenced under or by virtue of the statute repealed.
Page 68 - 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 13 - ... 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 632 - The recognition of its existence even by other states, and the enforcement of its contracts made therein, depend purely upon the comity of those states — a comity which is never extended where the existence of the corporation or the exercise of Its powers is prejudicial to their interests or repugnant to their policy.
Page 223 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another : therefore it contenteth itself with the immediate cause ; and judgeth of acts by that, without looking to any further degree.
Page 688 - An objection to the introduction of any evidence on the ground that the petition failed to state a cause of action was overruled, as was also a demurrer to the evidence.
Page 100 - And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same...
Page 520 - No action shall be maintained or recovery had in any of the courts in this state by such foreign corporation after 13 months from the time of beginning such business within the state...