Edenfield v. Barnhart
Supreme Court of Kansas
Mrror from Neosho County. Tliis action, commenced before a justice, went to judgment in that court, and following the taxation of costs is the following entry: “January 12, 1868. — Defendant presents an appeal bond, signed by his attorney, Joel Barnhart, which bond was deemed insufficient.” The next entry is of the issuing of an execution, January 15th; the next and last, the return of the execution, January 22d.
Read the full summary
Mrror from Neosho County. Tliis action, commenced before a justice, went to judgment in that court, and following the taxation of costs is the following entry: “January 12, 1868. — Defendant presents an appeal bond, signed by his attorney, Joel Barnhart, which bond was deemed insufficient.” The next entry is of the issuing of an execution, January 15th; the next and last, the return of the execution, January 22d. The record also contains a bill of exceptions, settled, signed and filed on the 17th of October, 1869, whereby it appears that plaintiff, Edenfield, on the 12th of October filed his…
1Opinion of the Court
By the Court,
Kingman, C. J.
Tbe plaintiff in error moved to dismiss an appeal from a justice of tbe peace. Tbe court below refused to dismiss, which refusal was excepted to . and tbe cause brought to this court to reverse that order. Tbe error complained of is one that cannot be brought to this court till the case is finally disposed of. Tbe order is not a final one, nor does it involve tbe merits of tbe action or any part thereof, nor is it one of tbe special orders enumerated in tbe code from which error lies before tbe final decision of tbe cause.
Tbe petition in error must be dismissed.
All…
2Cited by12 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- A. T. & S. F. Rld. Co. v. BrownSupreme Court of Kansas · 1881
- Dolbee v. HooverSupreme Court of Kansas · 1871
- Anderson v. HigginsSupreme Court of Kansas · 1886
- Weigand v. WilsonSupreme Court of Kansas · 1920
7 more not listed; retrieve them via the Exa API.