Smith v. Williams
Supreme Court of Kansas
JError from, Sedgwick District Court. Williams brought suit before a justice of the peace to recover an alleged debt due him for a lot of corn sold by him to Smith. The action was appealed to the district court, and was there tried at the December Term 1872. The defense was, payment. On the trial Smith testified that on or about the 9th of December 1871 he settled with Williams, and paid him in full for the corn, being the claim in suit.
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JError from, Sedgwick District Court. Williams brought suit before a justice of the peace to recover an alleged debt due him for a lot of corn sold by him to Smith. The action was appealed to the district court, and was there tried at the December Term 1872. The defense was, payment. On the trial Smith testified that on or about the 9th of December 1871 he settled with Williams, and paid him in full for the corn, being the claim in suit. Williams testified in his own behalf, and denied thatSmith had paid the demand. The jury found for the plaintiff, .assessing his damages at $41.20. Two days…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The only question in this case is whether the district court erred in overruling a motion for a new trial. The motion was based on the ground of newly-discovered evidence. While the rules by which motions of this kind must be determined are well settled, and clearly defined, yet in the application of these rules much must be left to the discretion of the trial court. When a case has been once fairly submitted to a jury, the verdict ought not to be disturbed, and the successful party put to the labor, the expense, and the hazard of another…
2Cited by11 opinions
- Hines v. DriverIndiana Supreme Court · 1885
- Keisling v. ReadleIndiana Court of Appeals · 1891
- Hunt v. HainesSupreme Court of Kansas · 1881
- Mourning v. HarrisonSupreme Court of Kansas · 1941
- Pasho v. BlitzSupreme Court of Kansas · 1917
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