Gannon v. Stevens
Supreme Court of Kansas
Error from Neosho District Court. Action by Stevens as plaintiff to recover the value of a horse alleged to have been unlawfully killed by Gannon. Answer, general denial. The action was commenced before a justice, where Stevens had judgment for $185, and costs. Gannon removed said cause to the district court by petition in error, where the judgment of the justice was reversed, and the action retained for trial as on appeal.
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Error from Neosho District Court. Action by Stevens as plaintiff to recover the value of a horse alleged to have been unlawfully killed by Gannon. Answer, general denial. The action was commenced before a justice, where Stevens had judgment for $185, and costs. Gannon removed said cause to the district court by petition in error, where the judgment of the justice was reversed, and the action retained for trial as on appeal. A trial was had before a jury at the April Term 1872. The charge to the jury, omitting the formal parts, was as follows: “ lst.-You are the exclusive judges of all of the…
1Opinion of the Court
*456The opinion of the court was delivered by
Valentine, J.:
This was an action brought by John Stevens against Lawrence Gannon for the sum of $250 as damages for the killing of a certain horse. The main question tried in the court below, if not the only contested question, was whether Gannon did in fact kill said horse. All other questions in that court grew out of the trial of that question. In this court the plaintiff in error (defendant below) has raised many questions founded upon supposed irregularities claimed to have occurred during the trial of the case in the court below. We do not think’…
2Cases cited5 opinions
- Callanan v. ShawSupreme Court of Iowa · 1868
- State v. HorneSupreme Court of Kansas · 1872
- Paulette v. BrownSupreme Court of Missouri · 1867
- Campbell v. StateSupreme Court of Kansas · 1866
- Blanchard v. PrattIllinois Supreme Court · 1865
3Cited by8 opinions
- State v. EmorySupreme Court of Kansas · 1924
- Solomon Railroad v. JonesSupreme Court of Kansas · 1885
- The People v. KrotzIllinois Supreme Court · 1930
- Atchison, Topeka & Santa Fe Railroad v. OsbornSupreme Court of Kansas · 1902
- Shellabarger v. NafusSupreme Court of Kansas · 1875
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