Junction City & Fort Kearney Rly. Co. v. Wingfield
Supreme Court of Kansas
Error from, Davis District Court. Wingfield brought his suit against the Railway Company to recover the value of a lot of ties which he alleged he furnished at the request of said company. The amount claimed was $207.99. Answer, payment. . Trial at the March Term 1874. Verdict and judgment for plaintiff. The Railway Company undertook to obtain a “case made,” and afterward brought the case here by petition in error. The proceedings are fully stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This case is' presented to the supreme court on petition in error, and what is termed “a case made for the supreme court.” The defendant in' error now raises the question that said “case made” was not properly served and settled as provided by law. Section 548 of the civil code provides, that—
“The case so made, or a copy thereof, shall, within three days after the judgment or order is entered, be served upon the opposite party or his attorney, who may within three days thereafter suggest amendments thereto in writing, and present the game…
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