Kline v. Higday

Opinion of tbe court by

Burwell, J.:

This case involves fifty dollars. It was tried before a justice of tbe peace and, after judgment, appealed to the district court. Eighteen months thereafter tbe defendant obtained leave of court and filed a written answer, the case being set for trial the next day. But even if the law requiring issues to be made up for ten days prior to the first day of the term applied, the record is in such condition that the point cannot avail the appellant. On the day of the trial the plaintiff and his attorney were present in court, and a short time before the noon…