Smith v. Poppe

SMITH, Chief Justice.

The case „has taken a sinuous and precarious course from a justice of the peace court to this court, where it now hangs upon such a fine balance as to baffle ready-decision.

The case was originally brought in a justice of the peace court, under No. 48,338, in behalf of Emil Douglas Smith, a minor, by his father, D. W. Smith, as next friend, against T. E. Poppe, for personal injuries alleged to have been sustained by the minor through Poppe’s negligence. The action was one in the nature of a friendly settlement, evidenced by an agreed judgment, as provided by statute.…