McClelland Bros. v. Allison
Supreme Court of Kansas
Error from Neosho District Court. On March 31,1884, Alexander Allison filed with a justice of the peace of Neosho county his bill of particulars, and therein demanded judgment against G. W. McClelland and E. E. McClelland, partners as McClelland Brothers, for $285, with interest from March 15,1884. Judgment was rendered in the action before the justice in favor of Allison against the McClelland Brothers on May 5,1884, for $288 debt, and $12.50 costs.
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Error from Neosho District Court. On March 31,1884, Alexander Allison filed with a justice of the peace of Neosho county his bill of particulars, and therein demanded judgment against G. W. McClelland and E. E. McClelland, partners as McClelland Brothers, for $285, with interest from March 15,1884. Judgment was rendered in the action before the justice in favor of Allison against the McClelland Brothers on May 5,1884, for $288 debt, and $12.50 costs. On May 14, 1884, G. W. McClelland, of the firm of McClelland Brothers, went before the justice and executed the following bond, (court and title…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The question before us for determination is, whether the district court possessed the power, under the circumstances of this case, to permit the filing of an amended appeal bond. Section 121 of civil procedure before justices, reads:
*157“The party appealing shall, within ten days from rendition of the judgment, enter into an undertaking to the adverse party, with at least one good and sufficient surety, to be approved by such justice, in a sum not less than fifty dollars in any case, nor less than double the amount of the judgment and costs,…
2Cases cited4 opinions
- Randon v. BartonTexas Supreme Court · 1849
- Lovitt v. Wellington & Western RailroadSupreme Court of Kansas · 1881
- Mitchell v. GoffSupreme Court of Iowa · 1865
- Brobst v. BrobstSupreme Court of the United States · 1865
3Cited by13 opinions
- Chicago, R. I. & P. Ry. Co. v. MooreSupreme Court of Oklahoma · 1912
- City of Ottawa v. JohnsonSupreme Court of Kansas · 1906
- Kelchner v. City of Kansas CitySupreme Court of Kansas · 1912
- Elliott v. Bellevue Gas & Oil Co.Supreme Court of Kansas · 1910
- L. & M. Mercantile Co. v. WimerSupreme Court of Kansas · 1916
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