Supreme Court of Kansas, 1880

Dobbs v. Stauffer

Dobbs v. Stauffer
Supreme Court of Kansas · Decided July 15, 1880
24 Kan. 127

Dobbs v. Stauffer

Opinion of the Court

Per Curiam:

The writ in this ease is fatally defective in failing to show that a demand has been made on the defendants, to do the thing sought by this proceeding to compel them to dó. A demand and refusal are prerequisites to the institution of such proceedings. (The State v. Carney, 3 Kas. 88.)

Again, the several plaintiffs have no identity of interest. Indeed, if any suit can be maintained by the plaintiffs, each plaintiff' can sue alone, and the others are not necessary parties. In whatever aspect we may view the case, the plaintiffs have no joint action. (Hudson v. Comm’rs of Atchison Co., 12 Kas. 140.)

The motion of defendants to quash the alternative writ will be sustained, and the action dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.