Robertson v. Buck

Supreme Court of Kansas

Robertson v. Buck

88 P. 1134, 75 Kan. 855, 1907 Kan. LEXIS 160

CourtSupreme Court of Kansas

DecidedJanuary 5, 1907

DocketNo. 14,620; No. 14,621

StatusPublished

This text of 88 P. 1134 (Robertson v. Buck) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robertson v. Buck, 88 P. 1134, 75 Kan. 855, 1907 Kan. LEXIS 160 (kan 1907).

Pincite

Opinion

Per Curiam:

The real party in interest opposed to the plaintiff in these actions has not appeared here, and any decision of the questions involved would not be as to him res judicata.

So far as the county treasurer is concerned, the questions have been decided in Spencer v. Smith, 74 Kan. 142, 85 Pac. 573.

The plaintiffs have made a prima facie showing of a claim which they should have an opportunity to present to a court having full jurisdiction to try and determine all the questions of law and fact which may be put in issue by the real parties in interest.

On the authority of Spencer v. Smith, supra, the peremptory writ prayed for in each case is allowed.

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