City of Atchison v. Byrnes
Supreme Court of Kansas
Error from Atchison District Court. Action brought by Byrnes against The City of Atchison to recover an alleged balance of $667.50, with interest, for maeadamizing Commercial street in said city, in 1872, under a-contract between the parties to the action dated July 25th,. 1872. Trial at the June Term, 1877, of the district court. Verdict and judgment for plaintiff Byrnes. The defendant brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On the 9th of April, 1873, the defendant
in error commenced his action against the plaintiff in error to recover an alleged balance of $667.50, with interest, for macadamizing Commercial street in said city, in 1872, under a contract between the parties to the action dated July 25th, 1872. On February 22d, 1877, an amended petition was-filed for work done, alleging the amount due; that the city had not collected from the abutting owners the cost of the maeadamization; that the work was performed in every respect in accordance with the…
2Cases cited31 opinions
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- Horbach v. MillerNebraska Supreme Court · 1875
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- City of Leavenworth v. MillsSupreme Court of Kansas · 1870
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3Cited by32 opinions
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- McClain v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1913
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