Stebbins v. Laird
Supreme Court of Kansas
Error from Atchison District Cowrt. A single question of practice is decided in this case. The facts and proceedings upon which it arises are sufficiently stated in the brief of plaintiff in error, and the opinion of the court. The order appealed from was made by the district court at the June Term 1872. Stebbins, defendant below, brings the case here on error.
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Error from Atchison District Cowrt. A single question of practice is decided in this case. The facts and proceedings upon which it arises are sufficiently stated in the brief of plaintiff in error, and the opinion of the court. The order appealed from was made by the district court at the June Term 1872. Stebbins, defendant below, brings the case here on error. Laird brought his suit before a justice of the peace against E. J. Morse and W. R. Stebbins, whom he alleged were partners under the name and firm of “E. J. Morse & Co.,” and as such partners made, executed and delivered to plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
In a case appealed from a justice of the peace the district court gave the plaintiff (defendant in error here) leave to file an amended bill of particulars. Before trial is had, or indeed any further proceedings in that court, plaintiff in error brings the case here, alleging error in the order granting leave. We do not think such an order one that can be reviewed in this court before a final disposition of the case below. It is claimed to be an order involving the merits of the action, or some part thereof, and therefore reviewable under…
2Cited by2 opinions
- A. T. & S. F. Rld. Co. v. BrownSupreme Court of Kansas · 1881
- Whitlaw v. Illinois Life InsuranceSupreme Court of Kansas · 1912