Coleman v. Newby
Supreme Court of Kansas
Error from, Leavenworth District Court. This ease involves only the validity ■ and proper construction of Bule 15 of the Supreme Court, adopted at the January Term, 1865, to he found in 2 Kas., page xii.
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Error from, Leavenworth District Court. This ease involves only the validity ■ and proper construction of Bule 15 of the Supreme Court, adopted at the January Term, 1865, to he found in 2 Kas., page xii. Said rule is as follows: “Buie 15. In cases of appeal from a judgment of a justice of the peace., or mayor, or recorder of a city or village, the appellant shall, within five days after the filing of the transcript of appeal in the district court, serve upon the appellee or appellees, Ms or their agent or attorney, notice in writing of the filing thereof. When the plaintiff appeals, he shall…
1Opinion of the Court
By the Court:
Brewer, J.,
having heard the case in the court below, and therefore not sitting in the case in this court, and the other two Justices being divided in opinion, (King-man, C. J., holding that the judgment of the court below should be affirmed, and Valentine, J., holding that it should be reversed,) the order of the court below, dismissing the appeal, is therefore affirmed.
*86— The following opinion in favor of reversing the order dismissing the appeal, was filed by
Valentine, J.:
The plaintiff’s appeal was regular in every respect, except that the appellant gave “ no notice in writing”…
2Cases cited17 opinions
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- Fletcher v. PeckSupreme Court of the United States · 1810
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Swift v. TysonSupreme Court of the United States · 1842
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
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3Cited by23 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Leek v. TheisSupreme Court of Kansas · 1975
- State Ex Rel. Tomasic v. UNIFIED GOV. OF WYANDOTTE COUNTY/KANSAS CITYSupreme Court of Kansas · 1998
- State ex rel. Taylor v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Guardian Title Co. v. BellSupreme Court of Kansas · 1991
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