Stark v. Cummings
Supreme Court of Kansas
Error from, Shawnee County. The opinion hereto attached, contains a statement of the facts of the case sufficient for presenting the points decided. The court below erred in permitting plaintiff'below to introduce heresay evidence, objected to by defendant below. The evidence introduced was purely hearsay and afforded the only pretense for a verdict, on the part of the jury. It was therefore material to the issue.
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Error from, Shawnee County. The opinion hereto attached, contains a statement of the facts of the case sufficient for presenting the points decided. The court below erred in permitting plaintiff'below to introduce heresay evidence, objected to by defendant below. The evidence introduced was purely hearsay and afforded the only pretense for a verdict, on the part of the jury. It was therefore material to the issue. The court below by refusing, on motion of defendant, to withdraw the evidence from the jury, gave its sanction to the evidence, its weight and legality. This was error. 1. The…
1Opinion of the Court
By the Court,
Kingman, C. J.
Plaintiff and defendant were partners in printing and publishing a newspaper in Topeka, the partnership commencing about the 9th of January, 1864, and ending the 27 of March, 1864? at which time there was a dissolution of the partnership, and a final adjustment and settlement of the partnership affairs. This action is brought to recover $550 which the defendant in error alleges, was received by the plaintiff in error on the partnership account, and which he neglected to note on the books, or to give notice of to the defendant in error, who was the plaintiff below.…
Also in this document: Concurrence.
2Cited by2 opinions
- Scoby v. Bird City State BankSupreme Court of Kansas · 1922
- Crawford v. CrawfordSupreme Court of Kansas · 1899