Barkley v. State
Supreme Court of Kansas
Error from Bourbon District Court. Action brought by the county attorney, in the name of The State, as plaintiff, against G. W. Barkley and George Patterson, upon a forfeited recognizance.
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Error from Bourbon District Court. Action brought by the county attorney, in the name of The State, as plaintiff, against G. W. Barkley and George Patterson, upon a forfeited recognizance. The petition filed was as follows: (Title.) “The plaintiff herein-complains of G. W. Barkley and George Patterson defendants, and for cause of action says, that said defendants on the 26th of November 1872, entered into an obligation with said plaintiff in the words and figures following, that is to say : State of Kansas, County of Bourbon— In Justices court, before Wm. Margrave, Esq., J. P. The State of…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
*107 1.Petition; how sufficiency to De questioned.
2. "Uncertainty in pleading, how cured.
*109 3.Name of defendant; variance.
4 Default- forrecoguizance. piea mg.
*106This was an action on a criminal recognizance. And while some of the proceedings on the part of plaintiff below (defendant in error) may not have been technically as exact as they might have been, yet we think no substantial error was committed by the court below.
It is objected that the petition below did not state facts sufficient to constitute a cause of action. This objection was made…
2Cases cited7 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Irwin v. PaulettSupreme Court of Kansas · 1863
- Morrow v. StateSupreme Court of Kansas · 1870
- Ingram v. StateSupreme Court of Kansas · 1873
- O'Brien v. PeopleIllinois Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hogan v. BaileySupreme Court of Oklahoma · 1910
- Hoge v. NortonSupreme Court of Kansas · 1879
- State v. School District No. 3Supreme Court of Kansas · 1885
- Patterson v. Missouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
- Wichita Falls & N. W. Ry. Co. v. PuckettSupreme Court of Oklahoma · 1915
14 more not listed; retrieve them via the Exa API.