Legal Opinion

Muscott v. Stubbs

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 4 opinions

Error from Rice District Court. Action originally brought before a justice of the peace by Muscott against Stubbs, to recover $25 which he claimed to be due him from the defendant for his services as an attorney at law in a certain case. Trial before the justice, April 22, 1878, and judgment for plaintiff. The defendant appealed to the district court, wherein, at the June Term, 1880, the plaintiff’s motion for a new trial was overruled, and judgment given for the defendant.

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Error from Rice District Court. Action originally brought before a justice of the peace by Muscott against Stubbs, to recover $25 which he claimed to be due him from the defendant for his services as an attorney at law in a certain case. Trial before the justice, April 22, 1878, and judgment for plaintiff. The defendant appealed to the district court, wherein, at the June Term, 1880, the plaintiff’s motion for a new trial was overruled, and judgment given for the defendant. Muscott brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The facts.in this ease are these: Plaintiff was county attorney of Eice county. Defendant was clerk of the district court of that county, and one W. T. Nicholas his deputy. As such county attorney, plaintiff filed an information against one W. B. E. Moore, charging him with the crime of murder, and said Moore was arrested and held to answer for that offense. Thereafter said Moore commenced an action for false imprisonment on account thereof, against this plaintiff, this defendant and said Nicholas. Plaintiff defended that action…

2Cited by4 opinions

  1. Duran v. Mission MortuarySupreme Court of Kansas · 1953
  2. Turner & Boisseau, Chtd. v. Marshall Adjusting Corp.District Court, D. Kansas · 1991
  3. Muscott v. HannaSupreme Court of Kansas · 1882
  4. Duran v. Mission MortuarySupreme Court of Kansas · 1953

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