Albinson v. Roberts
Supreme Court of Kansas
Error from Cloud District Court. Roberts brought an action in a justice’s court against Albinson and two others, which was removed by petition in error to the district court. The district court found error in the proceedings of the justice, and reversed his judgment, and retained the action for trial.
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Error from Cloud District Court. Roberts brought an action in a justice’s court against Albinson and two others, which was removed by petition in error to the district court. The district court found error in the proceedings of the justice, and reversed his judgment, and retained the action for trial. At the August Term 1873 of the district court the defendants moved that the action be dismissed because nó petition had been filed, which motion was overruled and an exception taken. A trial by the court was then had. Tjie court found for the plaintiff, and rendered judgment in his favor for…
1Opinion of the Court
The opinion of the court was delivered by
Bjkewer, J.:
Defendant in error obtained judgment before a justice of the peace against the plaintiffs in error, which judgment was reversed on petition in error by the district court. The case was there retained for trial, and subsequently judgment again rendered in favor of the defendant in error. To reverse this second judgment this proceeding in error is instituted. The first ground of error is, the overruling by the district court of the motion to dismiss for want of a petition. The civil code (Gen. Stat., 742, §566,) provides that a case reversed…
2Cases cited1 opinion
- Tarleston v. BrilySupreme Court of Kansas · 1866
3Cited by1 opinion
- Commonwealth Life Ins. Co. v. WoodSupreme Court of Oklahoma · 1952