Miller v. Bogart
Supreme Court of Kansas
Error from Woodson District Court. At the October Term 1875 of the district court, Miller, on appeal-from a justice’s judgment against him, recovered judgment against Bogart. Afterward, and in vacation, Bogart filed a motion to set aside the last-mentioned judgment. At the March Term 1876 the district court sustained this motion, and dismissed Miller’s appeal. Miller now brings the case here. The facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This action was replevin for a steer valued in affidavit at $15, commenced, before a justice of the peace by plaintiff in error, and was tried to a jury, and verdict and judgment for defendant, from which plaintiff appealed to the district court, where the action was again tried. On this trial the jury found for the plaintiff. A motion for a new trial was overruled, and judgment rendered for plaintiff below, plaintiff in error. After the close of the term of the district court at which the trial occurred, defendant filed his motion in said…
2Cases cited2 opinions
- Spalding v. Bank of MuskingumOhio Supreme Court · 1843
- Henderson & Garnick v. Kennedy & PierattSupreme Court of Kansas · 1872
3Cited by8 opinions
- Ohio Hydrate & Supply Co. v. H. W. Underhill Construction Co.Supreme Court of Kansas · 1935
- Hodgin v. BartonSupreme Court of Kansas · 1880
- Kroge v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1907
- Berroth v. McElvainSupreme Court of Kansas · 1889
- Kansas City, St. Joseph & Council Bluffs Railroad v. RodebaughSupreme Court of Kansas · 1887
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