Lutt v. Sterrett
Supreme Court of Kansas
Error from Clay District Court. Action brought by Sterrett against Lutt, ou an appeal bond. At the January Term, 1881, of the district court, the defendant’s demurrer to the plaintiff’s petition was overruled. The defendant brings the case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
On May 21, 1880, H. L. Sterrett obtained a judgment before a justice of the peace against F. C. White and A. E. White, for $75 and costs. Both of the defendants appealed to the district court, and O. F. Lutt became their surety on the appeal bond, binding himself “that said defendants shall prosecute their appeal to effect and without unnecessary delay, and satisfy such judgment and costs as may be rendered against them therein.” In the district court judgment was rendered in favor of the plaintiff, Sterrett, and against the defendant F.…
2Cases cited2 opinions
- Hood v. MathisSupreme Court of Missouri · 1855
- Gardner v. BarneyNew York Supreme Court · 1863
3Cited by3 opinions
- Burton v. DeckerSupreme Court of Kansas · 1895
- Kendall v. BlackSupreme Court of Kansas · 1916
- Fischer v. BayerOregon Supreme Court · 1922