Legal Opinion

Dowell v. Caruthers

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 14 opinions

Error from Brown District Court. At the February Term, 1879, of the district court, an order was made in favor of plaintiff Caruthers, dismissing the appeal of defendant Dowell from a certain judgment rendered by a justice of the peace. Dowell brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

In this case a judgment was rendered by a justice of the peace in favor of W. J. Caruthers, who was plaintiff in that court, and against J. A. Dowell, who was defendant, for the sum of $77 and costs. No attempt was made to appeal the case to the district court until after the tenth day (allowed by law for the taking of appeals) had expired; but on the eleventh day after the judgment was rendered, the defendant filed an undertaking with the justice, for the purpose of taking an appeal. All the papers in the case were afterward filed in the…

2Cases cited1 opinion

  1. Moore v. EllisMichigan Supreme Court · 1869

3Cited by14 opinions

  1. Adair v. MontgomerySupreme Court of Oklahoma · 1918
  2. Vowell v. TaylorSupreme Court of Oklahoma · 1899
  3. Washburn v. DelaneySupreme Court of Oklahoma · 1911
  4. Mechanics Building & Loan Ass'n v. CoffmanSupreme Court of Arkansas · 1913
  5. Beckwith v. Kansas City & Olathe RailroadSupreme Court of Kansas · 1882

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