Legal Opinion

Adams Express Co. v. Gregg

Supreme Court of Kansas

Decided January 15, 1880PublishedCited by 5 opinions

Error from, Gherohee District Court. Action originally brought by G. C. Gfregg, the defendant-in error, in a justice’s court, of Cherokee county, against the Adams Express Company, to enforce a certain alleged', claim for rent. The case was appealed to the district court, and, a jury being mutually waived, was tried before the-judge of the court, May 7, 1878. After argument, the cause-was taken under advisement by the court.

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Error from, Gherohee District Court. Action originally brought by G. C. Gfregg, the defendant-in error, in a justice’s court, of Cherokee county, against the Adams Express Company, to enforce a certain alleged', claim for rent. The case was appealed to the district court, and, a jury being mutually waived, was tried before the-judge of the court, May 7, 1878. After argument, the cause-was taken under advisement by the court. Afterward, at, the same term of the court, on the 26th of June, 1878, both-parties being present, the court rendered absolute judgment-in favor of the defendant, the…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

It is not certain that the court below, in granting to the plaintiff a new trial upon any terms, did not extend to him a degree of indulgence far beyond anything that he had a right to claim as a matter of right. And for this reason we think the plaintiff should have complied strictly and promptly with the terms imposed by the court. But as he did not do so, had he afterward any remedy for his failure? We would hardly think that he had. As the court below granted the new trial solely upon the condition that the plaintiff should pay all…

2Cited by5 opinions

  1. Winningham v. PhilbrickWashington Supreme Court · 1909
  2. Chapman v. Municipal CourtCalifornia Court of Appeal · 1949
  3. Financial Credit Corp. v. DouglasIdaho Supreme Court · 1951
  4. Plecas v. DevichUtah Supreme Court · 1928
  5. Ogden v. RosenthalNebraska Supreme Court · 1898

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