Sutton v. Nichols
Supreme Court of Kansas
Error from Saline District Court. Action commenced before a justice of the peace by Nichols, as plaintiff, to recover for work and labor done and performed by him for Sutton. The return-day of the summons was 15th November 1876. The entry made that day by the justice is copied into the opinion, infra.
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Error from Saline District Court. Action commenced before a justice of the peace by Nichols, as plaintiff, to recover for work and labor done and performed by him for Sutton. The return-day of the summons was 15th November 1876. The entry made that day by the justice is copied into the opinion, infra. On the adjourn-day, November 22d, defendant Sutton made his motion before said justice to dismiss the case, on the ground that said Nichols was a minor, which was overruled by the justice. A bill of exceptions was made before said justice, showing as follows: “Be it remembered that on the 22d of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendant in error sued plaintiff in error before a justice of the peace, and recovered judgment. This judgment was affirmed on error by the district court, and is now brought here for reexamination. Defendant moved the justice to dismiss the action on the ground that the plaintiff was a minor. This motion was overruled, and this is the alleged error. A bill of exceptions duly taken shows, that it appeared from the records and admissions of plaintiff, in open court, that plaintiff was a minor. If this were all, the question would be one of…
2Cases cited1 opinion
- Hagaman v. NeitzelSupreme Court of Kansas · 1875
3Cited by4 opinions
- Brewer v. PerrymanSupreme Court of Oklahoma · 1917
- Schnee v. SchneeSupreme Court of Kansas · 1900
- Fotopoulos ex rel. Fotopoulos v. Gas Service Co.Supreme Court of Kansas · 1939
- Madden v. RiedelSupreme Court of Kansas · 1905