Stuttle v. Bowers
Supreme Court of Kansas
Error from, Lyon District Court. Action before a justice of the peace by Bowers against Stuttle and wife, to recover for work. June 21, 1882, judgment for plaintiff for $17.50 and costs against the wife, J. M. Stuttle, who appealed to the district court.
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Error from, Lyon District Court. Action before a justice of the peace by Bowers against Stuttle and wife, to recover for work. June 21, 1882, judgment for plaintiff for $17.50 and costs against the wife, J. M. Stuttle, who appealed to the district court. The plaintiff filed a motion to dismiss the appeal, on the ground that the judgment was rendered upon confession. • This motion the court sustained at the November Term, 1882, and rendered judgment against defendant for costs. This ruling and judgment she brings here. Other facts appear in the opinion.
1Opinion of the Court
*433The opinion of the court was delivered by
Brewer, J.:
On June 21, 1882, plaintiff obtained judgment against the defendant, before a justice of the peace, for $17.50. On July 1, defendant duly filed an appeal bond, which bond was approved by the justice. Thereafter a transcript was filed by the justice in the district court. Subsequently plaintiff filed a motion in the district court to dismiss the appeal, on the sole ground that the judgment was rendered upon confession. The record of the district court in respect to the hearing on this motion is as follows:
“Upon the hearing of the motion to…
2Cases cited2 opinions
- In re WatsonSupreme Court of Kansas · 1883
- Allen v. CorlewSupreme Court of Kansas · 1872
3Cited by1 opinion
- State v. GearySupreme Court of Kansas · 1897