St. Louis & San Francisco Railway Co. v. Hurst
Supreme Court of Kansas
Error from Cowley Eistriot Cowrt. ON July 30,1888, Alfred and Elizabeth Hurst commenced their action against the St. Louis & San Francisco Railway Company, before W. D. Kreamer, a justice of the peace of Arkansas City, in Cowley county, to recover damages on account of the killing of stock by the railway company, claiming $100, the value of the animals, and $100 as attorney’s fees. Summons was issued and served upon the agent of the railway company.
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Error from Cowley Eistriot Cowrt. ON July 30,1888, Alfred and Elizabeth Hurst commenced their action against the St. Louis & San Francisco Railway Company, before W. D. Kreamer, a justice of the peace of Arkansas City, in Cowley county, to recover damages on account of the killing of stock by the railway company, claiming $100, the value of the animals, and $100 as attorney’s fees. Summons was issued and served upon the agent of the railway company. On the 4th of August, 1888, the day set for trial, the railway company did not appear. Judgment was rendered against the company for $200 — $100…
1Opinion of the Court
The opinion of the court was delivered by
HoRTON, C. J.:
In this case a judgment was rendered before the justice of the peace on the 4th of August, 1888. According to the case-made, “ the railway company, on the 9th day of August, 1888, duly filed with said justice of the peace, in his office in Arkansas City, Cowley county, its appeal bond, which was duly approved by said justice of the peace by in-dorsement thereon in writing.” Thereupon, the railway company, the party appealing, within 10 days from the rendition of the judgment, entered into an undertaking to the adverse party.…
2Cases cited1 opinion
- St. Louis, Lawrence & Denver Railroad v. WilderSupreme Court of Kansas · 1876
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