Sanford v. Shepard
Supreme Court of Kansas
Error from Osage District Court. Shepard sued Sanford in a justice’s court on an account for goods sold and delivered, claiming a balance of $194.95. The record does not contain the pleadings before the justice, nor show what defense or defenses were there interposed by Sanford. The case was taken to the district court by appeal, where by consent of parties and leave of court new pleadings were filed.
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Error from Osage District Court. Shepard sued Sanford in a justice’s court on an account for goods sold and delivered, claiming a balance of $194.95. The record does not contain the pleadings before the justice, nor show what defense or defenses were there interposed by Sanford. The case was taken to the district court by appeal, where by consent of parties and leave of court new pleadings were filed. Sh&pard filed a petition, counting on a book account for goods, wares and merchandise sold and delivered, and claimed said balance of $194.95, and interest. Sanford answered, setting up several…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The plaintiff in error claims in his brief that the judgment of the court below should be reversed for, “ 1st, error of law at the trial,” and “ 2d, refusal to grant the motion for new trial.” He then elaborates these grounds for error, and we will notice his points in the order presented. The first is as follows:
“1st. — The court erred in ruling out the testimony of Weaver, Stinson, and others, in relation to the value of the land and timber. The statute of limitations was not pleaded, and failure to demur was a waiver.”
As the case is…
2Cases cited1 opinion
- Ferguson v. GravesSupreme Court of Kansas · 1873
3Cited by10 opinions
- Wagstaff v. ChallissSupreme Court of Kansas · 1884
- Stanley v. Farmers' BankSupreme Court of Kansas · 1877
- Thomas v. ReynoldsSupreme Court of Kansas · 1883
- Ruckman v. Imbler Lumber Co.Oregon Supreme Court · 1902
- Texas & New Orleans Railroad v. SmithCourt of Appeals of Texas · 1904
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