Union Pacific Railway Co. v. Horney
Supreme Court of Kansas
Error from Jefferson County. The facts in the case sufficiently appear in the subjoined opinion: 1. The trial by the court, without a jury, was con-scribed by the statute. Civil Code, § 266, 289. A jury was not waived in the way pre- The New York rule is rigid in this respect. 1 Morrill’s Pr., 644; 3 Cow. E., 367; 1 Hill, 101; N. T. Civil Code, § 266,1 Code JR., 83. 2. A party claiming advantage by default of his adversafy must clearly show a complete default under the law.
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Error from Jefferson County. The facts in the case sufficiently appear in the subjoined opinion: 1. The trial by the court, without a jury, was con-scribed by the statute. Civil Code, § 266, 289. A jury was not waived in the way pre- The New York rule is rigid in this respect. 1 Morrill’s Pr., 644; 3 Cow. E., 367; 1 Hill, 101; N. T. Civil Code, § 266,1 Code JR., 83. 2. A party claiming advantage by default of his adversafy must clearly show a complete default under the law. In this case the default was not complete unless defendants failed to' appear, either by themselves or by attorney.' The…
1Opinion of the Court
By the Court,
Saeeord, J.
It appears from the record in this case, that the petition of Daniel Horney against the Union Pacific Railway Company, et al., was filed September 29th, 1868. The defendants were duly served with process, as appears from the return of the sheriff, endorsed upon the sum*345mons, which, summons and return was filed in the office of the clerk of the district court, October 3d, 1868. The defendants filed their separate answers to said petition in due time, to-wit: on the 28th day of October; and these answers were the last pleading’s filed in the case.
The record shows that the…
2Cases cited1 opinion
- Goff v. RussellSupreme Court of Kansas · 1865
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