Muscott v. Hanna
Supreme Court of Kansas
Error from Mice District Court. Action originally brought before a justice of the peace-by Muscott against Hanna, to recover $25, which he claimed to be due him from the defendant for his services as an attorney at law in certain cases.
Read the full summary
Error from Mice District Court. Action originally brought before a justice of the peace-by Muscott against Hanna, to recover $25, which he claimed to be due him from the defendant for his services as an attorney at law in certain cases. First trial before the justice-July 5, 1879, and verdict for plaintiff for $10. July 7th new trial granted, and second trial before the justice, July 16th, 1879. Judgment for plaintiff for $15, together with his costs, taxed at $33.60. The defendant appealed to the district court, and at the June Term, 1881, trial was had.. The jury returned a verdict for the…
1Opinion of the Court
The opinion of the court was delivered by
Hobton, C. J.:
A preliminary question is presented in regard to the record. Counsel for defendant in error allege that the record is incomplete; that the certificate of the judge is insufficient; and the certificate of the clerk, as made, useless. It is also urged that the court cannot consider the evidence, for the reason that it is not all before this court. The record comes to us in the form of a case-made, signed by the judge and attested by the clerk of the district court, and the seal of the court is attached thereto. It appears from the record…
2Cases cited2 opinions
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1872
- Muscott v. StubbsSupreme Court of Kansas · 1880
3Cited by4 opinions
- Scoby v. Bird City State BankSupreme Court of Kansas · 1922
- Hite v. StimmellSupreme Court of Kansas · 1891
- Atchison, Topeka & Santa Fe Railroad v. SnedegerCourt of Appeals of Kansas · 1897
- St. Louis & San Francisco Railway Co. v. SullivanCourt of Appeals of Kansas · 1897