Dooley v. Foster
Supreme Court of Kansas
Error from Leavenworth County. Tbe opinion of tbe court contains a full statement of tbe facts of tbe case. 1. The motion to withdraw the transcript, refile the same, and to redocket the case should have been sustained. a) The motion .was made at the earliest opportunity, being on the first day of the March term of court, and before the statutory time for perfecting the appeal had expired, and before the motion to dismiss the appeal for want of notice thereof had been…
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Error from Leavenworth County. Tbe opinion of tbe court contains a full statement of tbe facts of tbe case. 1. The motion to withdraw the transcript, refile the same, and to redocket the case should have been sustained. a) The motion .was made at the earliest opportunity, being on the first day of the March term of court, and before the statutory time for perfecting the appeal had expired, and before the motion to dismiss the appeal for want of notice thereof had been interposed. b) The affidavit, shows that Dooley exercised all the diligence and precaution to preserve his right of appeal in…
1Opinion of the Court
By the Court,
Valentine, J.
These two cases are brought in this court for the purpose of reversing two judgments rendered in the same case in the district court. As the facts in the- two cases are nearly all the same, and as the questions of law involved are similar, and as both cases are brought into this court at the same time, we shall for convenience consider both cases at the same time.
On the 26th day of December, A. D. 1868, Foster and Small-obtained a judgment in a justices’ court against Dooley.
On the 28th day of December, A. D. 1868, Dooley *274filed'his appeal bond with the justice for an…
2Cases cited6 opinions
- Kelsey v. CampbellNew York Supreme Court · 1862
- Dooling v. MooreCalifornia Supreme Court · 1861
- Martinez v. GallardoCalifornia Supreme Court · 1855
- Tarleston v. BrilySupreme Court of Kansas · 1866
- Langley v. . WarnerNew York Court of Appeals · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Coleman v. NewbySupreme Court of Kansas · 1871
- Goodwin v. BickfordSupreme Court of Oklahoma · 1908