Bennett v. Kroth
Supreme Court of Kansas
Error from Jctclcson Distriot Court. Action by Kroth against Bennett and another, to recover for certain services as a witness for defendants. At the November Term, 1885, the court overruled the defendants’ demurrer to the petition, and gave judgment for plaintiff for $10.70 and costs. The defendants bring the case here. The opinion contains a sufficient statement of the facts.
1Opinion of the Court
Opinion by
Holt, C.:
The petition filed by the defendant in error, plaintiff below, is in the usual form for services rendered; it states that plaintiff was in attendance upon the district court for five days at defendants’ request; that he was compelled to travel thirty-two miles in going to and returning from court. The defendants demurred to the petition, because it did not state facts sufficient to constitute a cause of action. The demurrer was overruled by the court, and judgment rendered for plaintiff for the amount claimed in his petition. Nothing was stated therein concerning fees,…
2Cases cited1 opinion
- State v. CampbellSupreme Court of Kansas · 1878
3Cited by6 opinions
- Keller v. HarrisonSupreme Court of Iowa · 1910
- Forbes v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1911
- Main v. Sherman CountyNebraska Supreme Court · 1905
- Archer v. Incorporated VillageMorrow County Court of Common Pleas · 1912
- State ex rel. Board of Commissioners v. Board of CommissionersMeigs Circuit Court · 1897
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