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· 5/9/1914

Manhattan Wholesale Grocery Co. v. Westchester Fire Insurance

Citations

  • 92 Kan. 336
  • 140 P. 853
  • 1914 Kan. LEXIS 228

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Consolidation of Cases — By Stipulation — General Verdict— Acquiescence of Parties — No Error. By stipulation between the parties four separate actions on policies of insurance issued by different companies, covering the same property, were consolidated and tried as one case. The jury returned a verdict for the full amount of the loss, which the court apportioned among the several defendants. Held, that the stipulation, together with the acquiescence of the parties in the procedure and their failure to request the court to require separate verdicts, constituted a waiver of any error that might be urged against the rendition of a general verdict.</p> <p>2. Insurance — Loss—Attorney’s Fees — May be Allowed by the Court after Verdict. Attorney’s fees in actions against in- • surance companies are by statute (Gen. Stat. 1909, § 4263) allowed as part of the costs, and the court may hear evidence and allow the same after the return of the verdict.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • involving an appeal seeking an injunction prohibiting a school board from expending monies to campaign for a ballot proposal after the election had already occurred
  • involving an appeal seeking an injunction prohibiting a school board from expending monies to campaign for a ballot proposal after the election had already occurred
  • “[T]he election having occurred many months ago, the granting of the injunction prayed for would be an idle act. The case presents simply abstract questions of law which do not rest on existing facts or rights, and is therefore a moot case.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Porter

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