Legal Opinion

Comm'rs of Brown County v. Barnett

Supreme Court of Kansas

Decided January 15, 1875PublishedCited by 3 opinions

Error from Brown District Court. Action by Barnett to recover $50 for rent of room for county treasurer’s office. In December 1872 a written lease or contract was entered into by Barnett and the then Board of County Commissioners, whereby the county board rented from Barnett a room for one year to be used by the county treasurer.

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Error from Brown District Court. Action by Barnett to recover $50 for rent of room for county treasurer’s office. In December 1872 a written lease or contract was entered into by Barnett and the then Board of County Commissioners, whereby the county board rented from Barnett a room for one year to be used by the county treasurer. It was so used, and the rent paid up to December 31st 1873. The county board did not surrender possession, but permitted the treasurer to occupy said room for his office. April 1st 1874: Barnett presented his bill for the three months’ rent due that day, and payment…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

As the record stands in this case there is scarcely any question which has not already been decided by this court. The action was on an account for rent, brought first before a justice of the peace, and taken on appeal to the district court. No question is made as to the sufficiency of the bill of particulars. There is nothing in the record to show that all the testimony has been preserved. Indeed, it *628is evident from instructions asked that it has not been. Of course then, we must presume that it was sufficient to sustain the verdict. Some…

2Cited by3 opinions

  1. State ex rel. Weber v. YounkinSupreme Court of Kansas · 1921
  2. Williams v. Board of County CommissionersSupreme Court of Kansas · 1900
  3. State ex rel. Griffith v. DavisSupreme Court of Kansas · 1923

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