Wilcox v. Byington
Supreme Court of Kansas
Error from Shawnee Distinct Court. Action brought by Seymour L. Byington against H. H. Wilcox, upon a written lease, to recover the sum of $1,000. The lease, with the indorsements thereon, is as follows: “Topeka, Kansas, Dec. 28,1868. — I, Legrand Byington, of Johnston county, Iowa, have leased to H. H. Wilcox the stone house, well, cistern and privy, on lots numbered 47 and 49, on Quincy street, in Crane’s addition to Topeka, for a period of four months from this date, with…
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Error from Shawnee Distinct Court. Action brought by Seymour L. Byington against H. H. Wilcox, upon a written lease, to recover the sum of $1,000. The lease, with the indorsements thereon, is as follows: “Topeka, Kansas, Dec. 28,1868. — I, Legrand Byington, of Johnston county, Iowa, have leased to H. H. Wilcox the stone house, well, cistern and privy, on lots numbered 47 and 49, on Quincy street, in Crane’s addition to Topeka, for a period of four months from this date, with the privilege of eight months in addition, should I not in four months elect to occupy the same; and Wilcox agrees to…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
All of the alleged errors in this case are trivial and unimportant. If the motion for additional security for costs ought to have been allowed, this is not a sufficient ground for a reversal of the judgment, as it appears the plaintiff below was successful upon his claim against the defendant below, the party making the motion. The officers interested in the costs seem to be satisfied with the action of the court in overruling the motion for other security. As the defendant is liable for all the costs included in the judgment rendered…
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