Kshinka v. Cawker
Supreme Court of Kansas
Error from Mitchell District Court. Action by Cawlcer against Eshinlca and two others. The petition alleged that plaintiff and defendants had executed their certain joint note for $300, and interest, which plaintiff had paid; that the amount so paid by him, including interest, was $387.84; that said sum was the joint debt of plaintiff and defendants, and he claimed to recover from defendants three-fourths of said sum, $290.88. Answer, general denial, and that defendants were…
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Error from Mitchell District Court. Action by Cawlcer against Eshinlca and two others. The petition alleged that plaintiff and defendants had executed their certain joint note for $300, and interest, which plaintiff had paid; that the amount so paid by him, including interest, was $387.84; that said sum was the joint debt of plaintiff and defendants, and he claimed to recover from defendants three-fourths of said sum, $290.88. Answer, general denial, and that defendants were sureties on said note for plaintiff. Trial at the March Term 1874. Verdict and judgment for plaintiff, and defendants…
1Opinion of the Court
TÉe opinion of the court was delivered by
Valentine, J.:
The plaintiffs in error claim that the court below erred in giving the first and second instructiqns to the jury, and in refusing to give the third instruction asked to be given by the plaintiffs in error, defendants below. The defendant in error claims that no error is shown by the record. Indeed, the defendant in error claims that the greater part of what the plaintiffs in error file in this court as the record of the case, is no part of the record whatever. We think no error is shown, for various reasons. The supposed record does not…
2Cases cited4 opinions
- Ferguson v. GravesSupreme Court of Kansas · 1873
- City of Wyandotte v. NobleSupreme Court of Kansas · 1871
- McArthur v. MitchellSupreme Court of Kansas · 1871
- Gallaher v. SouthwoodSupreme Court of Kansas · 1862
3Cited by2 opinions
- Atchison & Nebraska Railroad v. WagnerSupreme Court of Kansas · 1877
- Litsey v. MoffettSupreme Court of Kansas · 1883