Hiatt v. Auld
Supreme Court of Kansas
Error from, Leavenworth District Court. On the 20th of November 1868, Hiatt commenced an action against Auld to recover the sum of $4,679, together with interest from the 3d of December 1865. On the 9th of February 1870, said cause came on for trial. During its progress, and after a number of witnesses bad been examined, Hiatt on leave of the court, dismissed his cause without prejudice, the attorneys of the parties signing a stipulation in relation thereto.
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Error from, Leavenworth District Court. On the 20th of November 1868, Hiatt commenced an action against Auld to recover the sum of $4,679, together with interest from the 3d of December 1865. On the 9th of February 1870, said cause came on for trial. During its progress, and after a number of witnesses bad been examined, Hiatt on leave of the court, dismissed his cause without prejudice, the attorneys of the parties signing a stipulation in relation thereto. And afterward, on the same day, Hiatt commenced another action by filing his petition in the district court against the said Auld and…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
The district court instructed the jury to find for the defendant Auld, on the ground that the action was barred by the statute of limitations. This instruction was manifestly correct unless the right of action was preserved by some of the saving clauses of the statute.
It is claimed by the plaintiff in error that two errors were made by the court in its rulings, either of which ought to reverse the judgment. First, the court erred in excluding evidence to show the commencement of a former action in due time, and a failure otherwise than…
2Cases cited3 opinions
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- McWhirt v. MckeeSupreme Court of Kansas · 1870
- Roland v. LoganSupreme Court of Alabama · 1850
3Cited by12 opinions
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- Missouri, Kansas & Texas Railway Co. v. BagleySupreme Court of Kansas · 1902
- Turk v. PageSupreme Court of Oklahoma · 1918
- City of Kansas v. HartSupreme Court of Kansas · 1899
- Atchison, Topeka & Santa Fe Railroad v. SchroederSupreme Court of Kansas · 1896
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