Legal Opinion

City of North Lawrence v. Hoysradt

Supreme Court of Kansas

Decided January 15, 1870PublishedCited by 7 opinions

Error from Douglas District Court. Nicholas Hoysradt filed iu a justice’s court his bill of particulars, entitled “ N. Hoysradt v. The City of North Dawrence,” claiming a balance of $125.40 for services as city clerk, city attorney, office rent, and stationery.

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Error from Douglas District Court. Nicholas Hoysradt filed iu a justice’s court his bill of particulars, entitled “ N. Hoysradt v. The City of North Dawrence,” claiming a balance of $125.40 for services as city clerk, city attorney, office rent, and stationery. Thereupon the mayor of said city executed and filed a stipulation in said proceeding, as follows: “ I hereby enter an appearance for the above named defendant in the above entitled action, and for the said defendant agree that the trial of the same may proceed forthwith. Leroy Grand all, Mayor “ Sept. 29, 1869. Of the City of North…

1Opinion of the Court

The opinion of the court was delivered by

Sarrord, J.:

i. practice, Original action . or prosecuted6^ Sgs1 £ «“or. This was a petition in error, brought in the district court to reverse the judgment of a justice of the peace. Connected with such petition in x x error, or rather in the same petition there was an attempt to unite and prosecute a separate and distinct original cause of action. This in our opinion is not allowable. The remedy by petition in error— *173all of the advantages of which were adopted and secured by the party bringing it in this case, is one thing; while that in the nature of…

2Cited by7 opinions

  1. Benson v. City of De SotoSupreme Court of Kansas · 1973
  2. Chicago, Burlington & Quincy Railroad v. County of HitchcockNebraska Supreme Court · 1900
  3. Salina National Bank v. PrescottSupreme Court of Kansas · 1899
  4. McCartney v. City of WashingtonSupreme Court of Iowa · 1904
  5. Fogg v. EllisNebraska Supreme Court · 1901

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