Ayres v. Crum
Supreme Court of Kansas
Error from Labette District Court. Crum, as plaintiff, obtained judgment against Ayres before a justice for $21.80 debt and $2.50 costs. On petition in error the district court, at the November Term 1872, affirmed the judgment. Ayres brings the case here on error. 1. Crum’s claim was for services rendered by him as deputy-sheriff; and he could only recover his fees by statute as deputy-sheriff, and the claim recovered is a mere extortion.
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Error from Labette District Court. Crum, as plaintiff, obtained judgment against Ayres before a justice for $21.80 debt and $2.50 costs. On petition in error the district court, at the November Term 1872, affirmed the judgment. Ayres brings the case here on error. 1. Crum’s claim was for services rendered by him as deputy-sheriff; and he could only recover his fees by statute as deputy-sheriff, and the claim recovered is a mere extortion. But the services actually rendered were in serving papers in a case in which plaintiff in error was not a party, but only an attorney. Hence he was not…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This action was commenced originally in a justice’s court. Judgment was there rendered in favor of the defendant in error, plaintiff in the justice’s court, and against Ayres, the defendant in the justice’s court. Ayres removed the case to the district ‘court on petition in error, where the judgment of the justice was affirmed; and now as plaintiff in error Ayres brings the case to this court.
It is claimed that the district court erred in affirming the judgment of the justice; and it is also claimed that the justice erred in rendering the…
2Cases cited3 opinions
- Major v. MajorSupreme Court of Kansas · 1864
- Taylor v. RockwellSupreme Court of Iowa · 1860
- Hoppe v. StoneSupreme Court of Missouri · 1867
3Cited by4 opinions
- Rice v. HarveySupreme Court of Kansas · 1877
- Typer v. SooySupreme Court of Kansas · 1878
- Greenwell v. GreenwellSupreme Court of Kansas · 1882
- Central Branch Railroad v. PhillipiSupreme Court of Kansas · 1878