Laithe v. McDonald
Supreme Court of Kansas
Error from, Johnson District Court. Proceeding to vacate and set aside a judgment, and grant a new trial. At the October Term, 1868, of the district court, Cromwell Laithe recovered a judgment against A. McDonald, B. P. McDonald, John E. Dillon, and John McDonald, partners as A. McDonald Co., for $5,686. McDonald & Oo. did not appear at said trial in person nor by attorney, although they had filed an answer denying all the matters alleged in the petition.
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Error from, Johnson District Court. Proceeding to vacate and set aside a judgment, and grant a new trial. At the October Term, 1868, of the district court, Cromwell Laithe recovered a judgment against A. McDonald, B. P. McDonald, John E. Dillon, and John McDonald, partners as A. McDonald Co., for $5,686. McDonald & Oo. did not appear at said trial in person nor by attorney, although they had filed an answer denying all the matters alleged in the petition. The plaintiff Laithe was the only witness sworn or examined at said trial. On the 7th of November following, McDonald £ Co., claiming to be…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*2621. Practice: obtifio” wii°e£e' waived!7 *260Cromwell Laithe, the plaintiff in error, brought suit in the district court of Johnson county, against the defendants in error, to recover $5,686 for goods delivered to them as common carriers, to. be trans*261ported from Kansas City to Fort Scott, and through negligence lost and destroyed. A general denial was filed. On the 24th of October, 1868, the case was called for trial, and the defendants not appearing, Laithe testified to the facts set out in the petition and obtained a judgment for the amount…
2Cases cited3 opinions
- Smith v. StateSupreme Court of Kansas · 1863
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- Meagher v. MorganSupreme Court of Kansas · 1865
3Cited by51 opinions
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- Cowdery v. London Etc. BankCalifornia Supreme Court · 1903
- In re First Nat. Bank of Belle FourcheCourt of Appeals for the Eighth Circuit · 1907
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Shoemaker v. BrownSupreme Court of Kansas · 1872
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