Legal Opinion

Lacy v. Dunn

Supreme Court of Kansas

Decided March 15, 1870PublishedCited by 6 opinions

Frror from Douglas County. The opinion contains a sufficient statement of the facts of the ease. 1. It was error for the court to render judgment on the note for more than twelve per cent per annum interest. 2. It was error for the court to allow the judgment to draw twelve per cent interest, the contract on which the judgment was rendered having no provision fqr interest at that rate. 1. The questions involved in the issues were of fact principally, and were tried by the…

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Frror from Douglas County. The opinion contains a sufficient statement of the facts of the ease. 1. It was error for the court to render judgment on the note for more than twelve per cent per annum interest. 2. It was error for the court to allow the judgment to draw twelve per cent interest, the contract on which the judgment was rendered having no provision fqr interest at that rate. 1. The questions involved in the issues were of fact principally, and were tried by the court. The record shows no request for the court to find the facts and law separately. The general finding for plaintiff…

1Opinion of the Court

*569 By the Court,

Sanford, J.

A jury having been waived by the parties, the trial of the issues in this case below was by the court, and resulted in what was substantially a general finding, in favor of the defendant in error.

Judgment was rendered accordingly. The record shows that there were no exceptions whatever, taken to any of the proceedings, nor was there any motion for a new trial. It is also shown that there was no request on the part of either the plaintiff or defendant that the court should state the conclusions of fact found separately from the conclusions of law, which it is provided…

2Cited by6 opinions

  1. Briggs v. EgganSupreme Court of Kansas · 1877
  2. Commonwealth v. South Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1918
  3. Thompson v. RussellSupreme Court of Oklahoma · 1893
  4. Brewster v. HallSupreme Court of Kansas · 1873
  5. Porter v. HallSupreme Court of Kansas · 1873

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