Taylor v. Clendening
Supreme Court of Kansas
Error from Bourbon Comity. In addition to the statement of facts in the opinion of the court, it may not be improper to add: That the record shows that the application on the part of the defendant below, for leave to amend his answer, was first made after the jury had been impanneled and sworn, and “the parties had stated their cases to the jury,” and no showing was made on the application; and the plaintiff below offered to allow the amendment on payment of costs.
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Error from Bourbon Comity. In addition to the statement of facts in the opinion of the court, it may not be improper to add: That the record shows that the application on the part of the defendant below, for leave to amend his answer, was first made after the jury had been impanneled and sworn, and “the parties had stated their cases to the jury,” and no showing was made on the application; and the plaintiff below offered to allow the amendment on payment of costs. The testimony of the parties, each in his own behalf, is as follows : John Clendening, being duly sworn, testified as follows: “I…
1Opinion of the Court
By the Court,
Baxley, J.
This cause, which comes up on error from Bourbon county, was an action by defendant in .error, against plaintiff in error, to recover damages for an assault and battery, by shooting, to which the defendant below, now plaintiff in error, answered that the plain*532tiff below, now defendant in error, made the first as • sault, and shot first; and that the shooting of which plaintiff complained, was done in self-defense. The plaintiff replied, denying that he made the first assault, and the cause was tried by a jury, with much contradictory evidence, and some attempts at…
2Cited by13 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
- Smith v. StateMississippi Supreme Court · 1881
- Clark v. SpencerSupreme Court of Kansas · 1875
- Schell v. CollisNorth Dakota Supreme Court · 1957
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