Holderman v. Jones
Supreme Court of Kansas
Error from Osage District Court. Mes. JaNE JoNES commenced her action against D. W. Holderman, Charles Milliken, Charles Douglass, Henry Ja-coby, and Waldo Wooster, before a justice of the peace in Osage county, on December 21, 1889, for wrongful conversion of certain cattle and horses. The defendant Jacoby was served with summons in Osage county; the other defendants were served with summons in Lyon county.
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Error from Osage District Court. Mes. JaNE JoNES commenced her action against D. W. Holderman, Charles Milliken, Charles Douglass, Henry Ja-coby, and Waldo Wooster, before a justice of the peace in Osage county, on December 21, 1889, for wrongful conversion of certain cattle and horses. The defendant Jacoby was served with summons in Osage county; the other defendants were served with summons in Lyon county. The case came on for hearing on February 3, 1890, before the justice of the peace, and judgment was rendered by him in favor of Mrs. Jane Jones, against all of the defendants below in…
1Opinion of the Court
*745The opinion of the court was delivered by
HoutoN, C. J.:
This was a proceeding in the court below under § 310 of the civil code for a new trial, upon the grounds that the court had no jurisdiction to render the judgment, that the judgment was obtained by fraud and mistake, and that there was a complete defense to the claim upon which the judgment was rendered, which, through a misunderstanding between the plaintiffs and their attorney, was not made. As the plaintiffs applying for the new trial did not prosecute proceedings in error from the judgment of the justice of the peace, but took an…
2Cases cited6 opinions
- Carver v. James Shelly & Co.Supreme Court of Kansas · 1877
- Bundrem v. DennSupreme Court of Kansas · 1881
- Snow v. MitchellSupreme Court of Kansas · 1887
- Hanna v. MorrowSupreme Court of Arkansas · 1884
- Elder v. National BankSupreme Court of Kansas · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wagner v. LucasSupreme Court of Oklahoma · 1920
- Everett v. EverettMichigan Supreme Court · 1947
- Lindsey v. GoodmanSupreme Court of Oklahoma · 1916
- Gooden v. LewisSupreme Court of Kansas · 1917
- Thisler v. MillerSupreme Court of Kansas · 1894
6 more not listed; retrieve them via the Exa API.