City of Newton v. Toevs
Supreme Court of Kansas
Appeal from Harvey district court; Peter J. Galle, judge. STATEMENT. The defendant was treasurer of the city of Newton from April, 1898, to May, 1905. He was sued for an amount alleged to be due to the city because of errors, omissions and incorrect charges in his accounts. A trial before a referee resulted in a judgment against him, from which he appeals. The referee resided in Hutchinson. The defendant’s attorney resided in Newton.
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Appeal from Harvey district court; Peter J. Galle, judge. STATEMENT. The defendant was treasurer of the city of Newton from April, 1898, to May, 1905. He was sued for an amount alleged to be due to the city because of errors, omissions and incorrect charges in his accounts. A trial before a referee resulted in a judgment against him, from which he appeals. The referee resided in Hutchinson. The defendant’s attorney resided in Newton. On December 13 the defer ’.ant received a notice by mail from the referee that nis report would be filed on the 16th day of that month at Newton, and a copy of…
1Opinion of the Court
The opinion of the court was delivered by
Benson; J.:
A motion has been made to dismiss the petition in error because the case-made was not signed in time. The case was signed on the day to which the time allowed therefor had been last extended, which *18was too late. (Maynes v. Gray, 69 Kan. 49.) This seems to be conceded. A transcript of the record, however, is included in the case-made and the motion can not be sustained.
The defendant alleges error in sustaining the plaintiff’s demurrer to one of the defenses contained in his answer, and in overruling his demurrer to one of the grounds of the…
2Cases cited5 opinions
- Richardson Gas & Oil Co. v. City of AltoonaSupreme Court of Kansas · 1909
- Maynes v. GraySupreme Court of Kansas · 1904
- Corum v. HubbardSupreme Court of Kansas · 1904
- State v. BurtonSupreme Court of Kansas · 1904
- Davis v. FinneySupreme Court of Kansas · 1887
3Cited by1 opinion
- First Nat. Bank of Shawnee v. Oklahoma Nat. Bank of ShawneeSupreme Court of Oklahoma · 1911