Perkins v. Ermel
Supreme Court of Kansas
Error from, Shawnee County. The petition in the case below contained a cause of action for $200, the value of a carriage sold by plaintiff below (defendant in error,) to defendant below, (plaintiff in error). The answer contained 1st, a general denial, and 2d, that before the commencement of this suit the defendant executed and delivered to said plaintiff an'order at his request on D. D. "W". and others, for the sum of two hundred dollars, in full payment for the carriage…
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Error from, Shawnee County. The petition in the case below contained a cause of action for $200, the value of a carriage sold by plaintiff below (defendant in error,) to defendant below, (plaintiff in error). The answer contained 1st, a general denial, and 2d, that before the commencement of this suit the defendant executed and delivered to said plaintiff an'order at his request on D. D. "W". and others, for the sum of two hundred dollars, in full payment for the carriage mentioned, and that plaintiff received and accepted the same in full payment. The defendant claimed the right under the…
1Opinion of the Court
By the Court-,
Bailey, J".
The first point assigned as error in this case; is that, “ The Court erred in refusing to the defendant the right of opening the case and introducing evidence in support of the issue on his part first, and in allowing the plaintiff to open the case and introduce evidence on his part first.”
• The rule by which the Code determines the right to open and close, is very simple, and in most cases easily applied. See Code, Sec. 277.
*330“ The party who would be defeated if no evidence were given on either side must first produce his evidence.”
In the case at bar the petition sets…
2Cases cited1 opinion
- Smith v. ThompsonNew York Supreme Court · 1823
3Cited by9 opinions
- Butler v. KaulbackSupreme Court of Kansas · 1871
- Barber Asphalt Paving Co. v. BotsfordSupreme Court of Kansas · 1896
- Omaha & Republican Valley Railroad v. WalkerNebraska Supreme Court · 1885
- McKnight v. United StatesCourt of Appeals for the Ninth Circuit · 1904
- Rust v. RutherfordSupreme Court of Kansas · 1915
4 more not listed; retrieve them via the Exa API.