Legal Opinion

Bush v. Doy

Supreme Court of Kansas

Decided February 15, 1862PublishedCited by 1 opinion

Petition in error founded on proceedings had in the District Court, county of Douglas, at the October term thereof, 1859. John Doy, defendant in error, obtained a judgment before E. D. Ladd, Esq., Justice of the Peace in said county, against Wm. H. Bush, plaintiff in error; wherupon Bush filed, in due time, the proper bond for appealing from said judgment to said district court.

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Petition in error founded on proceedings had in the District Court, county of Douglas, at the October term thereof, 1859. John Doy, defendant in error, obtained a judgment before E. D. Ladd, Esq., Justice of the Peace in said county, against Wm. H. Bush, plaintiff in error; wherupon Bush filed, in due time, the proper bond for appealing from said judgment to said district court. The said October term of the district court was the appeal term, and by statute, commenced on the 17th day of the month. The Judge was not present until the 18th. Previous to this, Bush made an arrangement with the…

1Opinion of the Court

By the Court,

Ewing, C. J.

•'■The term of a Court is the time prescribed for holding it, and not the time the Court sits ’transacting business. The 17th day of October, 1859, was 'fixed, by law for the commencement of a term of the District Court for the second judicial district, in Douglas county. Though the Judge was not present on that day, it was the first day of the term. (See Code, § 605'.)

The transcript and appeal bond should have been filed on or' before the 18th, being the second day of the term.' There .is.a docket entry of the filing of the “transcript and appeal papers”- on the…

2Cited by1 opinion

  1. Parrott v. WolcottNebraska Supreme Court · 1906

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