Kaub v. Mitchell
Supreme Court of Kansas
Error from Greenwood District Court. Mitchell and wife, as plaintiffs, obtained a judgment before a justice of the peace against Kaub and another. The district court, at the September Term 1872, affirmed said judgment, and Kaub now brings the case here. The facts and proceedings are sufficiently stated in the opinion. 1. The district court erred in affirming the judgment of the justice. A motion was made before the justice to dismiss, for want of jurisdiction.
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Error from Greenwood District Court. Mitchell and wife, as plaintiffs, obtained a judgment before a justice of the peace against Kaub and another. The district court, at the September Term 1872, affirmed said judgment, and Kaub now brings the case here. The facts and proceedings are sufficiently stated in the opinion. 1. The district court erred in affirming the judgment of the justice. A motion was made before the justice to dismiss, for want of jurisdiction. The action was “trespass on real estate,” and the plaintiffs claimed more than $100. (Justices act, § 6.) This motion should have been…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This action was instituted originally in a justice’s court. Judgment was there rendered for the plaintiffs. The case was then taken on petition in error to the district court, where the judgment of the justice was affirmed. Only one exception was taken to the rulings of the justice, and that was an adjournment of the ease from August 26th 1871, to September 2d 1871. There was no error in this sufficient to authorize a reversal of the judgment of the justice, although the adjournment may have been ordered for an insufficient reasbn.
IL The…
2Cited by4 opinions
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