Legal Opinion

Durein v. State

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 3 opinions

Error from Shawnee District Court. On February 19, 1885, The State of Kansas brought its action against Frank Durein, John R. Mulvane, and Conrad Kreipe, to recover five hundred dollars upon a certain written bond, executed June 10, 1884. Trial had July 1, 1886, before the court without a jury, upon the following agreed statement of facts: “It is stipulated and agreed that the above and foregoing case shall be tried and decided upon the following facts, and none other: “1.…

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Error from Shawnee District Court. On February 19, 1885, The State of Kansas brought its action against Frank Durein, John R. Mulvane, and Conrad Kreipe, to recover five hundred dollars upon a certain written bond, executed June 10, 1884. Trial had July 1, 1886, before the court without a jury, upon the following agreed statement of facts: “It is stipulated and agreed that the above and foregoing case shall be tried and decided upon the following facts, and none other: “1. On the first day of December, 1883, the county attorney of Shawnee county, Kansas, filed an information in the district…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

After Frank Durein had been convicted of a violation of the prohibitory liquor law, the district court required him to give security for his good behavior for the term of two years, in the sum of five hundred dollars; and to be committed to the jail of Shawnee county until the security was given. (Crim. Code, §242.) To prevent himself from being imprisoned, subsequently, with John R. Mulvane and Conrad Kreipe as sureties, he executed a bond, conditioned as follows:

“That the said Frank Durein shall and will be of good behavior for the term…

2Cases cited3 opinions

  1. Roberts v. StateSupreme Court of Kansas · 1885
  2. State v. BrownSupreme Judicial Court of Maine · 1856
  3. State v. CobbSupreme Judicial Court of Maine · 1880

3Cited by3 opinions

  1. State v. HarrisSupreme Court of Kansas · 1924
  2. State v. SandersSupreme Court of Kansas · 1931
  3. People v. EberlieSupreme Court of Colorado · 1915

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