Hook v. Bixby
Supreme Court of Kansas
Error from Doniphan District Court, Action by Bixby, as plaintiff, against Hooh and three others, on an account originally accruing in favor of a firm composed of said Bixby and ¥m. I). Beeler and John S. Beeler. Said ¥m. D. Beeler died before the trial, which was had at the March Term 1873, of the district court.
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Error from Doniphan District Court, Action by Bixby, as plaintiff, against Hooh and three others, on an account originally accruing in favor of a firm composed of said Bixby and ¥m. I). Beeler and John S. Beeler. Said ¥m. D. Beeler died before the trial, which was had at the March Term 1873, of the district court. Finding and judgment in favor of the plaintiff for $208.68. The defendants bring the case here on error. 1. Upon the facts the court should have held the action barred by the statute of' limitations. The action clearly comes within the second subdivison of § 18 of the code, and by…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on an account. It
was commenced in a justice’s court, appealed to the district court, and then brought on petition in error to this court. It is uncertain what questions are really presented to us for our consideration. No case was made for the supreme court, as might have been done under the statutes enacted for that purpose; (Gen. Stat., 737; Laws of 1870, p. 169; Laws of 1871, p. 274;) and hence it would seem that the whole record should have been brought to this court. But the pleadings however are not brought to…
2Cited by7 opinions
- English v. WilliamsonSupreme Court of Kansas · 1885
- State v. JohnsonCourt of Appeals of Kansas · 1994
- Ray v. City of WichitaSupreme Court of Kansas · 1933
- Schultz v. HineSupreme Court of Kansas · 1888
- Sharp v. MillerSupreme Court of Oklahoma · 1923
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