Stettauer Bros. v. Carney & Stevens
Supreme Court of Kansas
Error from, Leavenworth District Court. Stjettauer Bros, brought their action against Carney & Stevens, claiming $8,893.23, and interest. Mathew Ryan, and Wm. H. Baird, were joined as co-defendants, but as the case comes here the questions in controversy in nowise affect them. Carney & Stevens answered, setting up several defenses, set-offs, and counterclaims, and demanded judgment in their favor against Stettauer Bros, for $6,000, and interest.
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Error from, Leavenworth District Court. Stjettauer Bros, brought their action against Carney & Stevens, claiming $8,893.23, and interest. Mathew Ryan, and Wm. H. Baird, were joined as co-defendants, but as the case comes here the questions in controversy in nowise affect them. Carney & Stevens answered, setting up several defenses, set-offs, and counterclaims, and demanded judgment in their favor against Stettauer Bros, for $6,000, and interest. The action was commenced in January 1870. In May 1871, the case was referred to T. A. Hurd, sole referee, “to hear, determine, and report upon all…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action in the district court of Leavenworth county in which a judgment for costs was rendered in favor of the defendants. The case was tried before a referee, who reported his findings of fact, and conclusions. The testimony was not preserved, at least none that calls for any notice by us, for, while after the judgment there appears in the case-made what are said to be certain extracts from the testimony, yet counsel on both sides ignore this, and treat the case as standing before us upon the pleadings, the report, and the…
2Cases cited7 opinions
- Black v. HillOhio Supreme Court · 1876
- Phillips v. CovertNew York Supreme Court · 1810
- Glass Co. v. LudlumSupreme Court of Kansas · 1871
- Bedell v. Burlington National BankSupreme Court of Kansas · 1876
- Smetters v. RaineyOhio Supreme Court · 1862
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3Cited by9 opinions
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- Tacha v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1916
- Jones v. DaviesSupreme Court of Kansas · 1899
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- Sutton v. SchaffSupreme Court of Kansas · 1919
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