McGowen v. Campbell
Supreme Court of Kansas
Error from Neosho District Court. October 10th, 1881, P. B. Campbell commenced an action before a justice of the peace of Neosho county,.against Perry MoGowen, to recover the possession of certain cattle.
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Error from Neosho District Court. October 10th, 1881, P. B. Campbell commenced an action before a justice of the peace of Neosho county,.against Perry MoGowen, to recover the possession of certain cattle. The order for the delivery of the property was returned on the 18th day of October, 1881. The case was first heard on the 18th day of October, 1881, but the jury, being unable to agree, were discharged, and by agreement of the parties the cause was set for trial November 10, 1881, at nine o’clock a. m. On the 10th of November, 1881, a jury not being in attendance, it was agreed between the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Upon the hearing of the petition in error in the district court, the plaintiff in error (defendant below) objected to the consideration of the bill of exceptions allowed *28and filed by the justice of the peace, upon various grounds. We will notice these, seriatim.
It is urged that as the bill of exceptions was not under the' seal of the justice, it was therefore a nullity. Not so. A justice of the peace is not required in any case to use a seal, for there is no provision of law anywhere providing him with a seal. (Stager v. Harrington, 27…
2Cases cited1 opinion
- Theilen v. HannSupreme Court of Kansas · 1882