Jennings v. State
Supreme Court of Kansas
Error from Cloud District Court. An action was instituted by the county attorney in the name of The State against JJezekiah Jennings, B. C. Sanders, Milo Stevens, and Richard Werst, upon a recognizance taken in a criminal action, executed by said Jennings as principal and the other defendants as sureties. The defendants demurred to the petition. At the May Term 1873 the district court overruled the demurrer.
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Error from Cloud District Court. An action was instituted by the county attorney in the name of The State against JJezekiah Jennings, B. C. Sanders, Milo Stevens, and Richard Werst, upon a recognizance taken in a criminal action, executed by said Jennings as principal and the other defendants as sureties. The defendants demurred to the petition. At the May Term 1873 the district court overruled the demurrer. The defendants then filed a general denial, the case was tried, and judgment was given against the defendants. New trial refused, and the defendants bring the case here on error. 1. The…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action in the district court of Cloud county upon a forfeited recognizance. As the record fails to show affirmatively that all the evidence is preserved we must presume that there was sufficient to sustain the general finding in favor of the plaintiff So that the only questions before us arise on the overruling of a demurrer to the petition, and the effect of a fact admitted by the county attorney upon the trial.
1. Pleading; action on forfeited recognizance. The petition alleges no proceedings prior to the information. It alleges…
2Cases cited3 opinions
- Redmond v. StateSupreme Court of Kansas · 1873
- Ingram v. StateSupreme Court of Kansas · 1873
- Mix v. PeopleIllinois Supreme Court · 1861
3Cited by12 opinions
- State v. ReedySupreme Court of Kansas · 1890
- Folsom v. Mid-Continent Life Ins. Co.Supreme Court of Oklahoma · 1923
- State v. McCartherSupreme Court of Kansas · 1966
- National Surety Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1928
- United States v. EldredgeUtah Supreme Court · 1887
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