Tarleston v. Brily
Supreme Court of Kansas
Error from, Atchison County. Brily sued Tarleston before a justice and recovered. Tarleston filed a bond for appeal and filed a transcript for that purpose in tbe District Court. Tbe transcript contained the “ bills of particulars ” of both plaintiff and defendant filed before the justice, but no further petition was filed by the plaintiff in tbe Appellate Court.
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Error from, Atchison County. Brily sued Tarleston before a justice and recovered. Tarleston filed a bond for appeal and filed a transcript for that purpose in tbe District Court. Tbe transcript contained the “ bills of particulars ” of both plaintiff and defendant filed before the justice, but no further petition was filed by the plaintiff in tbe Appellate Court. The case was continued by Tarleston until tbe June term 1865, when tbe parties appeared and tbe defendant Tarleston moved the court to “ dismiss the casefor the reason that no petition had been filed by the plaintiff, Brily, which…
1Opinion of the Court
By the Court,
Crozier, C. J.
In this case the court is called upon to determine whether, before the adoption in January 1865 of the rule on the subject of pleadings to be filed in cases appealed from justices of the peace to the District Court, the law required a petition to be filed by the plaintiff when the appeal was taken by the defendant ?
Section 107 of the act regulating the procedure before justices of the peace, provides that in cases appealed to the District Court “ the parties shall proceed, in all respects, in the same manner as though the action had been originally instituted in…
2Cited by5 opinions
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- Johnson v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1943
- Bernstein v. SmithSupreme Court of Kansas · 1872
- Dooley v. FosterSupreme Court of Kansas · 1870
- Albinson v. RobertsSupreme Court of Kansas · 1874