Beard v. Mackey
Supreme Court of Kansas
Error from Pratt District Cov/rt. Action by Mackey against Beard, to recover the possession of certain personal property. There was a judgment for plaintiff before a justice of the peace; on appeal to the district court, judgment for plaintiff, at the May term, 1889, and defendant brings error.
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Error from Pratt District Cov/rt. Action by Mackey against Beard, to recover the possession of certain personal property. There was a judgment for plaintiff before a justice of the peace; on appeal to the district court, judgment for plaintiff, at the May term, 1889, and defendant brings error. The contention of the plaintiff in error is, that the court erred in forcing the case to trial during his necessary absence, owing to a little difficulty that he had with a cyclone; that the plaintiff, owing to said difficulty, was absolutely unable to attend and be present at his trial. That it was…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an action to recover the possession of personal property of the alleged value of $100. It was first brought before a justice of the peace, where the plaintiff, Henry Mackey, was successful. The defendant, J. W. Beard, appealed to the district court, and when the term arrived, when the case was set for trial, his attorney asked for a postponement, upon the ground that Beard was unable to be present at the trial. In an affidavit made by his attorney, it was stated “that it would prejudice his defense, and that in fact no defense…
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