Butt v. Herndon
Supreme Court of Kansas
Error from Atchison District Court. On June 11, 1884, William Herndon filed his bill of particulars before a justice of the peace of Atchison county, claiming from Jacob M. Smith, A. J. Morris, and O. W. Butt, late partners as Smith, Morris & Butt, $60 for work and labor. The summons in the case was served upon Jacob M. Smith, June 11, 1884, the officer returning that he could not find A. J. Morris and O. W. Butt in his county.
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Error from Atchison District Court. On June 11, 1884, William Herndon filed his bill of particulars before a justice of the peace of Atchison county, claiming from Jacob M. Smith, A. J. Morris, and O. W. Butt, late partners as Smith, Morris & Butt, $60 for work and labor. The summons in the case was served upon Jacob M. Smith, June 11, 1884, the officer returning that he could not find A. J. Morris and O. W. Butt in his county. Garnishee summons was directed to A. S. Everest, who answered on June 16, 1884, that he was indebted to A. J. Morris and O. W. Butt in the sum of $130. The justice…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
When this case was called in the district court for trial, the defendant moved to dismiss the appeal, on the ground, among others, that there was no appealable judgment rendered in the court below. This motion was overruled, and is the principal error complained of. Section 120 of the justices act reads as follows:
“In all cases, not otherwise specially provided for by law, either party may appeal from the final judgment of any justice of the peace to the district court of the county where the judgment was rendered.”
no part of judgment. A…
2Cases cited3 opinions
- Leavenworth, Lawrence & Galveston Rld. v. Comm'rs of Douglas CountySupreme Court of Kansas · 1877
- Burke v. Table Mountain Water Co. & LaforgeCalifornia Supreme Court · 1859
- Butcher v. TaylorSupreme Court of Kansas · 1877
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- Boston Consolidated Gas Co. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1947
- Hopper v. ArnoldSupreme Court of Kansas · 1906
- Barnes v. ManisSupreme Court of Oklahoma · 1911