Wickham v. Grant
Supreme Court of Kansas
Error from, McPherson District Court. Action, originally commenced before a justice of the peace of McPherson county, by Wickham against Grant, to recover, upon two non-negotiable notes, copies of which are as follows: “¡$15. New Gatland, January 8, 1879. “On or before the 1st day of November, 1879, in consideration of the completion of the Salina & Southwestern railway from the city of Salina to the town of Lindsborg before that' date, I promise to pay to the treasurer of…
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Error from, McPherson District Court. Action, originally commenced before a justice of the peace of McPherson county, by Wickham against Grant, to recover, upon two non-negotiable notes, copies of which are as follows: “¡$15. New Gatland, January 8, 1879. “On or before the 1st day of November, 1879, in consideration of the completion of the Salina & Southwestern railway from the city of Salina to the town of Lindsborg before that' date, I promise to pay to the treasurer of said railway company, at his office in the city of Salina, the sum of fifteen dollars, value received, with interest…
1Opinion of the Court
/The opinion of the court was delivered by
Horton, C. J.:
This action was commenced in a justice’s court and appealed to the district court, where the judgment complained of was rendered. The defendant below did not file any written answer or other pleading before the justice, and no demand therefor was made. Upon the appeal the case was tried on the original papers, and therefore the defendant was authorized to introduce on the trial any evidence to prove any defense which he had, and without filing an answer, he was authorized to set up any defense that he had to defeat a recovery upon the…
2Cases cited2 opinions
- Waters v. MattingleyCourt of Appeals of Kentucky · 1808
- Cornell v. St. Louis, Kansas & Arizona Railway Co.Supreme Court of Kansas · 1881
3Cited by18 opinions
- Mahler v. Keenan Real Estate, Inc.Supreme Court of Kansas · 1994
- Speed v. HollingsworthSupreme Court of Kansas · 1894
- Morrow v. BonebrakeSupreme Court of Kansas · 1911
- Prescott v. BrownSupreme Court of Oklahoma · 1911
- McLean v. Southwestern Casualty Ins. Co. of OklahomaSupreme Court of Oklahoma · 1915
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