Atkinson v. Kuchler

The opinion of the court was delivered by

Porter, J.:

On the former hearing no brief was filed by appellee, and the judgment was reversed (Atkinson v. Kuchler, 94 Kan. 438, 146 Pac. 1038) on the theory that appellant’s contention was correct and that the case is controlled by the decision in Kroenert v. Sawyer, 87 Kan. 374, 124 Pac. 418, wherein it was held that the only way to obtain a review of a judgment or final order of a justice of the peace is by appeal, since the amended code has abolished petitions in error. In a petition for rehearing attention was called to the fact that three days…