City of Olathe v. Horner
Supreme Court of Kansas
Error from Johnson District Court. Action . by Horner against The City,• to recover for excavating a reservoir for water works. At the March Term, 1886, the plaintiff was granted a new trial. The defendant City brings the case to this court. The opinion states the •material facts.
1Opinion of the Court
Opinion by
Holt, C.:
The original action out of which this proceeding grows was brought by Horner, defendant in error, against the city of Olathe, to recover a balance due him for excavating a reservoir for water works. That action was tried at the March Term, 1885, before Hon. W. R. Wagstaff, j udge, and a j ury. A j udgment was rendered for plaintiff, but not for the full amount claimed by him, and he made a motion, for a new trial, which was overruled, on July 14, 1885. He filed his petition for a new trial, alleging as the grounds therefor newly-discovered evidence. This action was heard at…
2Cases cited1 opinion
- Baughman v. PennSupreme Court of Kansas · 1885
3Cited by3 opinions
- Meixell v. GriestCourt of Appeals of Kansas · 1895
- Titus v. MitchellCourt of Appeals of Kansas · 1896
- City of Topeka v. SmelserCourt of Appeals of Kansas · 1896