Legal Opinion

Bierer v. Fretz

Supreme Court of Kansas

Decided July 15, 1887PublishedCited by 10 opinions

Error from Brown District Court. The facts of this case are stated in Bierer v. Fretz, 32 Kas. 329, et seq., and in the opinion herein. Judgment for defendant at the September Term, 1885. The plaintiffs bring the case here.

1Opinion of the Court

*28Opinion by

Holt, C.:

This action was brought by Bierer and Downer against Fretz. At the September term, 1885, a trial was had, and a judgment rendered for the defendant. Plaintiffs bring the case here for review.

The defendant Fretz, in his answer, sets forth as a defense to plaintiffs’ cause of action that the same matter had once before been adjudicated and decided in an action wherein Fretz was plaintiff, and Bierer and Downer were defendants. All the evidence introduced in this case was on that issue; and the only question we are called upon to consider is, whether the subject-matter of this…

2Cases cited1 opinion

  1. Bierer v. FretzSupreme Court of Kansas · 1884

3Cited by10 opinions

  1. McCormick v. McCormickSupreme Court of Kansas · 1910
  2. Watkins v. American Nat. BankCourt of Appeals for the Eighth Circuit · 1904
  3. Cotton v. WalkerMississippi Supreme Court · 1932
  4. Mitchell v. Federal Intermediate Credit BankSupreme Court of South Carolina · 1932
  5. Masterman v. MastermanSupreme Court of Kansas · 1897

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