Garrett v. Wood
Supreme Court of Kansas
Error from Leavenworth County. The facts in the case fully appear in the subjoined opinion. 1st. Jurisdiction depends upon value proved on the trial, not on the appraisement. Clark v, Whiibeck, 14 III., 393; Bullen' v. Ives, 30 Mo., 478. 2d. The record shows that the amount in controversy was more than $100, for which judgment was rendered. This is error. Justioes Act, sec. 131; Oomp. L., p. 614, seo. 2; Id., 640, see. 137-8; Butler v. Ives, 30 Mo., 478. 3d.
Read the full summary
Error from Leavenworth County. The facts in the case fully appear in the subjoined opinion. 1st. Jurisdiction depends upon value proved on the trial, not on the appraisement. Clark v, Whiibeck, 14 III., 393; Bullen' v. Ives, 30 Mo., 478. 2d. The record shows that the amount in controversy was more than $100, for which judgment was rendered. This is error. Justioes Act, sec. 131; Oomp. L., p. 614, seo. 2; Id., 640, see. 137-8; Butler v. Ives, 30 Mo., 478. 3d. The allegations on the petition as to the recovery of the judgment, are insufficient. 4th. The judgment must be certain, not in the…
1Opinion of the Court
By the Oourt,
Croxier, O. J.
The petition alleges that one Simeon P. Yocum brought a suit before a justice of the peace of Leavenworth county against one Cyrus M. Adams, for the recovery of the possession of a horse; that the constable to whom the writ was directed took the horse and delivered him to Yocum upon the execution of a bond by Yocum with the plaintiff in error as his surety, in the sum of two hundred dollars; that the property was appraised at less than one hundred dollars; that a jury which had been impanneled to try the cause, rendered a verdict as follows: “We the jury, find for…
2Cited by11 opinions
- One Hudson Super-Six Automobile v. StateSupreme Court of Oklahoma · 1920
- Morris v. AllenCalifornia Court of Appeal · 1911
- Hall v. JennessSupreme Court of Kansas · 1870
- Hanselman v. KegelMichigan Supreme Court · 1886
- Frey v. DrahosNebraska Supreme Court · 1878
6 more not listed; retrieve them via the Exa API.