Case v. Hannahs
Supreme Court of Kansas
Error from Bhcmnee County. Case obtained judgment against Dickey before Eeuben Stees, justice of the peace in Shawnee County, and had execution issued and a levy made on an iron safe, which was thereunder sold and bid in by Case. Hannahs after-wards attached a safe in the hands of plaintiff as the'property of Dickey. Case brought an action in District Court to recover the safe as his own property. A jury was empanneled and sworn in the case.
Read the full summary
Error from Bhcmnee County. Case obtained judgment against Dickey before Eeuben Stees, justice of the peace in Shawnee County, and had execution issued and a levy made on an iron safe, which was thereunder sold and bid in by Case. Hannahs after-wards attached a safe in the hands of plaintiff as the'property of Dickey. Case brought an action in District Court to recover the safe as his own property. A jury was empanneled and sworn in the case. The plaintiff introduced Stees, the justice, and his docket of the judgment in the case by plaintiff against Dickey. The justice’s docket of that case…
1Opinion of the Court
By the Court,
Kingman, J.
In this case after the jury had been empanneled and the plaintiff had introduced all his testimony, the defendant moved the Court to non-suit the plaintiff on account of an entire failure of proof, which motion was sustained, to which the plaintiff excepted and brings the case to this Court on that point alone. All the evidence in the case is spread upon the record.
The only provisions of the Code authorizing a case to be dismissed, are to be found in Section 382. In all but the five enumerated cases, the decision must be on the merits. The Court is no where in the Code…
2Cited by11 opinions
- Mastin v. GraySupreme Court of Kansas · 1878
- McNeill v. EdieSupreme Court of Kansas · 1880
- Schott v. LinscottSupreme Court of Kansas · 1909
- Seckler v. DelfsSupreme Court of Kansas · 1881
- Zittle v. SchlesingerNebraska Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.