Legal Opinion

Whetstone v. Crane Bros. Manufacturing

Court of Appeals of Kansas

Decided August 6, 1895PublishedCited by 1 opinion

Memorandum.— Error from Miami district court; John T. Burris, judge. Action brought by the Crane Bros. Manufacturing Company against J. H. Whetstone and others to recover for certain merchandise. Judgment for the plaintiff company. The defendants, J. H. Whetstone and two others, bring the case here. The statement of the case, as made by Cole, J., is as follows : This was an action brought in the district court of Miami county by Crane Bros.

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Memorandum.— Error from Miami district court; John T. Burris, judge. Action brought by the Crane Bros. Manufacturing Company against J. H. Whetstone and others to recover for certain merchandise. Judgment for the plaintiff company. The defendants, J. H. Whetstone and two others, bring the case here. The statement of the case, as made by Cole, J., is as follows : This was an action brought in the district court of Miami county by Crane Bros. Manufacturing Company, as plaintiff, against J. H. Whetstone, J. J. AVlietstone, W. M. Mills, AV. G. Bryson, J. P. Harris and W. T. Pickerell, upon an…

1Opinion of the Court

The opinion of the court was delivered by

Cole, J. :

The record in this case is quite peculiar, and presents a jhethod for the trial of a case somewhat new to this court. On the 15th day of April, 1889, this cause being at issue, the defendants failed to appear, and the plaintiff submitted its case to the court and obtained a judgment. On the 17th of April, 1889, the defendants filed a motion for a new trial. At the time- the judgment of April 15 was rendered there was an agreement between counsel, which was afterward reduced to writing and made part of the record, that such judgment had been…

2Cases cited2 opinions

  1. Kaiser v. Lawrence Savings BankSupreme Court of Iowa · 1881
  2. Nemaha Coal & Mining Co. v. Settle & KeithSupreme Court of Kansas · 1894

3Cited by1 opinion

  1. State Ex Rel. Carlton v. TriplettSupreme Court of Kansas · 1973

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