Brooks v. Wright
Supreme Court of Kansas
Error from, Labette District Court. Judgment was given by a justice of the peace in favor of Wright, defendant, for $3.55, from which he appealed to the district court, claiming that such judgment was too small. Brooks, plaintiff, filed a motion in the district court to dismiss the appeal.
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Error from, Labette District Court. Judgment was given by a justice of the peace in favor of Wright, defendant, for $3.55, from which he appealed to the district court, claiming that such judgment was too small. Brooks, plaintiff, filed a motion in the district court to dismiss the appeal. The district court, at November Term 1876, overruled the motion to dismiss, and Brooks brings the case here. contended that, as there was a jury trial before the justice, and neither party had claimed in his bill of particulars more than twenty dollars, the case was not appealable. (Gen. Stat. 802, §132;…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Plaintiff brought his action before a justice of the peace. Trial by jury. Verdict and judgment for plaintiff. Defendant appealed to the district court. Plaintiff moved to dismiss the-appeal, on the ground that no appeal lies from the judgment of a justice where the case is tried by a jury and neither party claims in his bill of particulars a sum exceeding twenty dollars. (Laws of 1870, p. 185, § 10.) This motion was overruled, and this is the alleged error.
Plaintiff unquestionably claimed but fourteen dollars, and the question turns on the…
2Cited by1 opinion
- Kingsbury v. FranzNebraska Supreme Court · 1894