Legal Opinion

Winter v. Sass

Supreme Court of Kansas

Decided January 15, 1878PublishedCited by 14 opinions

Error from Leavenworth District Gourt. Action by Sass to recover ¿lie amount of certain money alleged to have been stolen by Winter, and interest thereon. Trial at the September Term 1876. Verdict and judgment for plaintiff. New trial refused, and Winter brings the case here. The principal facts are stated in the opinion, infra.

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Error from Leavenworth District Gourt. Action by Sass to recover ¿lie amount of certain money alleged to have been stolen by Winter, and interest thereon. Trial at the September Term 1876. Verdict and judgment for plaintiff. New trial refused, and Winter brings the case here. The principal facts are stated in the opinion, infra. One of the grounds set forth in the motion for a new trial was, that Olmstead, one of the jurors, had declared before the trial that “he was satisfied as to the guilt of Winter, and that no evidence would change his mind.” As against this ground for a new trial it was…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

On the 17th of January 1875, $2,601 were stolen from defendant in error, and this action was brought to recover that sum, and interest, from the plaintiff in error as one of the parties alleged to have committed the larceny. *563Two juries upon successive trials found in favor of the plaintiff Sass, and from the judgment rendered upon the last verdict this proceeding in error has been brought.

1 conflicting*011 testimony. The first matter to which our attention has been directed by counsel, and upon which special stress has been laid, is, the…

2Cited by14 opinions

  1. Snider v. Washington Water Power Co.Washington Supreme Court · 1912
  2. Rinehart & Dennis Co. v. BrownSupreme Court of Virginia · 1923
  3. Collins v. City Cabs, Inc.Supreme Court of Kansas · 1964
  4. Lanham v. BondSupreme Court of Virginia · 1931
  5. Smith v. Iola Portland Cement Co.Supreme Court of Kansas · 1912

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