Legal Opinion

Western Irrigating Co. v. Stayton

Court of Appeals of Kansas

Decided October 1, 1895PublishedCited by 1 opinion

Memorandum. — Error from Kearny district court; A. J. Abbott, judge. Action on contract by A. A. G. Stayton against The Western Irrigrating Company. Judgment for plaintiff. The defendant brings the case to this court.

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Memorandum. — Error from Kearny district court; A. J. Abbott, judge. Action on contract by A. A. G. Stayton against The Western Irrigrating Company. Judgment for plaintiff. The defendant brings the case to this court. The statement of the case, as made by Dennison, J., is as follows : This was an action brought in the district court of Kearny county by A. A. G. Stayton against The Western Irrigating Company to recover a balance claimed to be due upon the following two contracts, which read as follows : “Articles of agreement made and entered into this 25th day of September, 1889, by and…

1Opinion of the Court

The opinion of the court was delivered by

Denntson, J. :

The case-made filed with the petition in error in this case contains, on page 210 of the record, the following statement: “The foregoing case-made contains all the pleadings, motions, orders, verdict, instructions given by the court (as well as those refused) and findings and the judgment rendered in the case.” On page 9i of the record is the following statement in the case-made : “ . . . the plaintiff, to sustain the issue upon his part, introduced the following testimony, to wit:” and after following the testimony clear through upon…

2Cases cited1 opinion

  1. Braley v. LangleySupreme Court of Kansas · 1882

3Cited by1 opinion

  1. City of Bessemer v. Bessemer City Water WorksSupreme Court of Alabama · 1907

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