Caldwell v. Brown
Supreme Court of Kansas
Error from Reno District Court. In 1885, John Caldwell, the plaintiff in error, brought his action against D. B. Miller and others to recover a quarter-section of land now within the corporate limits of the city of Hutchinson. The case was decided adversely to him in April, 1887. White-side & Hutchinson were his attorneys. He discharged them, and employed Brown & Kline to prepare the record and bring the case to this court for review.
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Error from Reno District Court. In 1885, John Caldwell, the plaintiff in error, brought his action against D. B. Miller and others to recover a quarter-section of land now within the corporate limits of the city of Hutchinson. The case was decided adversely to him in April, 1887. White-side & Hutchinson were his attorneys. He discharged them, and employed Brown & Kline to prepare the record and bring the case to this court for review. Whiteside & Hutchinson commenced an action against Caldwell to recover for their services as attorneys, and, although Caldwóíl was a resident of Michigan,…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J.: I. The plaintiff in error contends that the court below erred in refusing to render judgment in his favor on the findings of the jury at the first trial, and in granting to the defendants in error *570a new trial notwithstanding said findings. It was the province of the court, however, upon the motion for a new trial, to consider whether the findings were supported by the evidence or not; and, if this question was determined in the negative, then it was its duty to set aside the findings and to award a new trial. This is so in every case…
2Cases cited4 opinions
- Kansas City, Wyandotte & Northwestern Railroad v. RyanSupreme Court of Kansas · 1892
- Richolson v. FreemanSupreme Court of Kansas · 1896
- Moors v. SanfordCourt of Appeals of Kansas · 1895
- Franks v. JonesSupreme Court of Kansas · 1888
3Cited by6 opinions
- Medill v. SnyderSupreme Court of Kansas · 1899
- Watson v. BorahSupreme Court of Oklahoma · 1913
- Galer v. BerrianSupreme Court of Oklahoma · 1914
- Murray v. SnowderSupreme Court of Oklahoma · 1910
- Kansas Wheat Growers Ass'n v. RinkelSupreme Court of Kansas · 1928
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