Nesbit v. Hines
Supreme Court of Kansas
Error from Doniphan District Court. The facts, pleadings, and proceedings, sufficiently appear in the opinion of the court. Hines, as plaintiff, had judgment for $293, and costs, at the March Term 1875, of the district court, N. P., judge pro tern., presiding, and Nesbit brings the case here. contended that a motion for a new'trial is unnecessary.
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Error from Doniphan District Court. The facts, pleadings, and proceedings, sufficiently appear in the opinion of the court. Hines, as plaintiff, had judgment for $293, and costs, at the March Term 1875, of the district court, N. P., judge pro tern., presiding, and Nesbit brings the case here. contended that a motion for a new'trial is unnecessary. The only question it raises in this court, if overruled, is, whether or not the court below erred in overruling it. 12 Kas. 39, 44; Civil Code, §542. The bill of exceptions is made a part of the record in this case, and errors appear therein,…
1Opinion of the Court
The opinion of the court was delivered by
Beewee, J.:
Action on a note. The petition was in due form. The answer was, failure of consideration. On trial, defendant offered testimony in support of his answer. The testimony was rejected, and exceptions taken. The court then instructed the jury that the defense had failed, and to return a verdict for plaintiff,-which was done. Exceptions were taken to the instructions. The verdict was returned on March 27th. A motion for a new trial was filed April 5th. The grounds of the motion were the matters above stated. The motion was overruled. This ruling…
2Cases cited12 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Kent v. LawsonIndiana Supreme Court · 1859
- City of Aurora v. WestIndiana Supreme Court · 1864
- Ferguson v. GravesSupreme Court of Kansas · 1873
- Smith v. GillettIllinois Supreme Court · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Ritchie v. Kansas, Nebraska & Dakota Railway Co.Supreme Court of Kansas · 1895
- Glaser v. GlaserSupreme Court of Oklahoma · 1903
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- City of Atchison v. ByrnesSupreme Court of Kansas · 1879
- Pierce v. ManningSouth Dakota Supreme Court · 1892
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