Westervelt v. Jones
Court of Appeals of Kansas
Error from Wyandotte district court; Henry L. Auden, judge. The petition filed in the court below alleges the facts in this case to be about as follows : In October or November, 1885, Leonidas Doty recovered a judgment in the courts of Illinois against H. T. Joplin for the sum of $265, and at the same time Joplin had an action pending in the same court against Lawrence M. Jones, John L. Jones, and O. O. Ross.
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Error from Wyandotte district court; Henry L. Auden, judge. The petition filed in the court below alleges the facts in this case to be about as follows : In October or November, 1885, Leonidas Doty recovered a judgment in the courts of Illinois against H. T. Joplin for the sum of $265, and at the same time Joplin had an action pending in the same court against Lawrence M. Jones, John L. Jones, and O. O. Ross. On the 11th day of November, 1885, Lawrence M. Jones and John L. Jones entered into a contract with Joplin by which, the Joneses agreed to pay the judgment against Joplin in favor of…
1Opinion of the Court
The opinion of the court was delivered by
Wells, J. :
Our attention is first called to a motion to dismiss these proceedings in error for the reason that it does not appear from the case made that the motion for a new trial was filed during the same term of court at which judgment was rendered. This motion must be overruled, on the authority of Brewing Co. v. Duncan, 6 Kan. App. 178.
The first question that attracts our attention in this case is, What were the issues raised in the case by the pleadings? The answer being unverified, the execution of the instrument sued on was admitted. (Code, §…
2Cases cited4 opinions
- Nations v. JohnsonSupreme Court of the United States · 1861
- Reed v. ArnoldSupreme Court of Kansas · 1872
- Joseph Schlitz Brewing Co. v. DuncanCourt of Appeals of Kansas · 1897
- Fisk v. AtkinsonCalifornia Supreme Court · 1886
3Cited by2 opinions
- Underwood v. UnderwoodSupreme Court of Georgia · 1913
- Woods v. Chicago, R. I. & Pac. Ry. Co.Supreme Court of Oklahoma · 1928