Kermeyer v. Kansas Pacific Rly. Co.
Supreme Court of Kansas
Error from Leavenworth District Court. Action by Kermeyer as plaintiff, against the Railway Company as defendant. The only question here is one of practice, and all the proceedings taken in the court below are stated in the opinion. The plaintiff brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
"Valentine, J.:
This action was commenced in the district coiirt of Leavenworth county on June 29th 1875, during the May term of said court. The defendant failed to answer, or demur, or to make any other appearance in the . case during that term. On August 30th, the May term still being in session, a judge pro. tern, of said court was elected —the regular judge being absent — and the plaintiff obtained a judgment by default against the defendant. On the first Monday of September 1875 a new term of the district court was commenced. On October 16th,…
2Cases cited1 opinion
- McCulloch v. DodgeSupreme Court of Kansas · 1871
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- McMaster v. Peoples Bank of EdmondSupreme Court of Oklahoma · 1903
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