Bentz v. Eubanks
Supreme Court of Kansas
M'ror from Jackson District Court. The opinion sufficiently states the nature of the action, and the facts. Trial and judgment for the plaintiff Phbamks, at the March Term, 1883, of the district court. The heirs at law of the defendant, A. W. Bentz, bring the case to this court.
1Concurrence
Valentine, J.:
I concur in the syllabus of this case, and I believe I concur in the opinion; and if § 1, ch. 13, of the Compiled Laws of Kansas of 1879, so far as it relates to bonds for costs, can be held to be constitutional and valid, I would concur in a decision in favor of the plaintiff in error, that he was not properly brought into court, even if every question which might be raised in the case were raised and decided.- There has, however, been no claim made in this case tljat said §1, ch. 13, of the Compiled Laws of 1879, so far as it relates to cost bonds, is unconstitutional, or…
2Cases cited1 opinion
- Potter v. PayneSupreme Court of Kansas · 1884