Legal Opinion

Winter v. Shutter

Supreme Court of Kansas

Decided July 15, 1889PublishedCited by 2 opinions

Error from Greenwood District Court. In October, 1886, the defendant in error commenced action in justice’s court against the defendants, asking judgment for the amount of $129.16. The defendants answered by a general denial, an offset, and the tender of $25, and deposited that amount with the justice of the peace.

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Error from Greenwood District Court. In October, 1886, the defendant in error commenced action in justice’s court against the defendants, asking judgment for the amount of $129.16. The defendants answered by a general denial, an offset, and the tender of $25, and deposited that amount with the justice of the peace. A trial was had before the justice and a jury, and a verdict rendered in favor of defendants for $22.14. After the verdict was returned, and by leave of the court, the defendants amended their bill of particulars to conform to the verdict, and demanded a withdrawal of their tender,…

1Opinion of the Court

Opinion by

Holt, C.:

The bill of exceptions allowed by the justice of the peace did not-contain all the pleadings, and none of the evidence. We are therefore unable to learn definitely from the transcript what issues were tried in the justice’s court at the second trial. The defendants’ original answer was evidently set forth in full, but after the verdict of the jury in their favor it is stated that it was “amended so as to conform to the verdict.” ' What that amendment was, is not shown. It is in the transcript, however, that the second trial was had before the court without a jury, on the…

2Cases cited3 opinions

  1. Reilly v. RinglandSupreme Court of Iowa · 1874
  2. Reynolds v. WestSupreme Court of Arkansas · 1877
  3. Baird v. TruittSupreme Court of Kansas · 1877

3Cited by2 opinions

  1. Phillips v. ClevelandSupreme Court of Oklahoma · 1940
  2. Madden v. RiedelSupreme Court of Kansas · 1905

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