Dougherty v. Porter
Supreme Court of Kansas
Error from Leavenworth District Court. The only question here is one of practice. Porter and two others, as plaintiffs, commenced an action against Dough-, erty and another, as defendants. Their petition was filed 27th July 1875. The answer-day fixed in the summons, yras 26th August, and on that day the defendants filed their answer. The reply of plaintiffs was filed the next day, 27th August.
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Error from Leavenworth District Court. The only question here is one of practice. Porter and two others, as plaintiffs, commenced an action against Dough-, erty and another, as defendants. Their petition was filed 27th July 1875. The answer-day fixed in the summons, yras 26th August, and on that day the defendants filed their answer. The reply of plaintiffs was filed the next day, 27th August. Court convened on the 6 th of September, and at that term the case was called for trial, and was tried. Defendants objected, claiming that as the plaintiffs were allowed ten days from the day on which…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*' bfe-Tssuef made up. *208s' cpmpnSng *207The only question presented is, whether the action was triable at the term at which it was tried; and that depends upon whether the issues were made up ten days before the term. The statute of 1871 was in force, a statute we have recently had occasion to examine in the case of Gapen v. Stephenson, just decided; {ante, p. 140.) In that case we held that the statute referred to , # the time the issues were actually made up, and not to the time they ought to have been made up. And it makes no difference…
2Cases cited4 opinions
- O'Connor v. TownsTexas Supreme Court · 1846
- Walsh v. BoyleCourt of Appeals of Maryland · 1869
- Dutton v. HobsonSupreme Court of Kansas · 1871
- Ross v. StateIndiana Supreme Court · 1825
3Cited by11 opinions
- Wright v. ForrestalWisconsin Supreme Court · 1886
- Leavenworth Coal Co. v. BarberSupreme Court of Kansas · 1891
- Garvin v. JennersonSupreme Court of Kansas · 1878
- Boring v. BoringSupreme Court of Kansas · 1942
- Reed v. Sexton's AdministratorsSupreme Court of Kansas · 1878
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