Madden v. Smith
Supreme Court of Kansas
Error from Leavenworth District Court. Action brought by Madden, against Smith, to recover $358.75 on an account for work and labor. Trial at the December Term, 1881, of the district court, and judgment for defendant. Madden brings the ease here. The opinion states the facts.
1Opinion of the Court
*799The opinion of the court was delivered by -
Brewer, J.:
This was an action in the district court of Leavenworth county, brought by plaintiff in error (plaintiff below), to recover on an account for work and labor. The case was tried before a jury, but after the testimony had been all received the court instructed them to-return a verdict for the defendant. The parties were each a witness in his own behalf, and testified directly against each other, so that there was presented a disputed question of fact; and this, counsel for plaintiff in error insists, should have been submitted to the jury,…
2Cases cited11 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Bendernagle v. CocksNew York Supreme Court · 1838
- Guernsey v. CarverNew York Supreme Court · 1832
- Farrington v. PayneNew York Supreme Court · 1818
- Miller v. CovertNew York Supreme Court · 1828
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3Cited by9 opinions
- Whitaker v. HawleySupreme Court of Kansas · 1883
- Howard v. Chicago, B. & Q. R.Court of Appeals for the Eighth Circuit · 1945
- Storm v. GarnettSupreme Court of Oklahoma · 1924
- Lantry Contracting Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1918
- Todd v. Central Petroleum Co.Supreme Court of Kansas · 1941
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