Shepard v. Peyton
Supreme Court of Kansas
Original Proceedings in Mandamus. At the March Term 1873 of the Lyon district court, an action wherein H. D. Shepard and Jesse J. Playford were plaintiffs, and T. D. Bragunier and George Bragunier were defendants, was brought on for trial. Hon. E. B. Peyton, judge of the 5th judicial district, presiding.
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Original Proceedings in Mandamus. At the March Term 1873 of the Lyon district court, an action wherein H. D. Shepard and Jesse J. Playford were plaintiffs, and T. D. Bragunier and George Bragunier were defendants, was brought on for trial. Hon. E. B. Peyton, judge of the 5th judicial district, presiding. During the trial such proceedings arose that, on the defendants’ application therefor, the court discharged the jury and continued the cause until the next term, at the costs of the plaintiffs. The plaintiffs, Shepard & Playford, excepted, and prepared a bill of exceptions, and presented said…
1Opinion of the Court
The opinion of the court was .delivered by
Brewer, J.:
This is an original proceeding in this court to compel the signing.by the defendant, the judge of the 5th-district, of a bill of exceptions. The return of the judge alleges that the bill of exceptions tendered for his signature was not true, that he suggested the necessary corrections, and offered to make them, and sign the bill. And the question, as now presented, is, whether this court will hear testimony as to the truth or falsity of the bill of exceptions tendered, or take the return of the judge as conclusive upon the question. Can a…
2Cases cited6 opinions
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