Rice v. Harvey
Supreme Court of Kansas
Ei'ror from Atchison District Court. The district- court, at the March Term 1876, ou petition in error wherein Rice was plaintiff in error, and Harvey was defendant in error, affirmed the judgment of a justice of the peace. Rice now brings the record to this court for review. All necessary facts are stated in the opinion.
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Ei'ror from Atchison District Court. The district- court, at the March Term 1876, ou petition in error wherein Rice was plaintiff in error, and Harvey was defendant in error, affirmed the judgment of a justice of the peace. Rice now brings the record to this court for review. All necessary facts are stated in the opinion. During the trial before the justice, hearsay evidence of the most mischievous character was permitted to go to the jury, over the objections of plaintiff in error. Statements prejudicial to Bice’s title, made by one who was neither agent nor attorney for Bice at the time…
1Opinion of the Court
*148The opinion of the court was delivered by
Horton, C. J.:
1 _ Seeír¿rPtotition Harvey brought an action of replevin against Rice, before a justice of the peace. He obtained possession of the property in controversy upon the order of delivery, and at the trial he obtained judgment for the retention of the property, and also for costs, taxed at $33.90. The cause was then taken up from the decision of the justice’s court on error to the district court, and having been there affirmed, is now presented to this court for a.review of the decision of the district court. The plamtirr in error complains,…
2Cases cited4 opinions
- Nesbit v. HinesSupreme Court of Kansas · 1876
- Hover v. CockinsSupreme Court of Kansas · 1877
- Spalding v. Bank of MuskingumOhio Supreme Court · 1843
- Ayres v. CrumSupreme Court of Kansas · 1874
3Cited by9 opinions
- Mills v. Kansas Lumber Co.Supreme Court of Kansas · 1881
- St. Louis, I. M. & S. Ry. Co. v. LewisSupreme Court of Oklahoma · 1913
- Maggert v. KeeleSupreme Court of Oklahoma · 1908
- Patten v. CagleSupreme Court of Oklahoma · 1912
- Theilen v. HannSupreme Court of Kansas · 1882
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