Legal Opinion

Eggan v. Briggs

Supreme Court of Kansas

Decided January 15, 1880PublishedCited by 7 opinions

Error from Atchison District Court. Action brought by Eggan against Briggs and another, on a written guaranty for the payment of a certain promissory note. Trial at the January Term, 1878, of the district court, and judgment for the defendants. Eggan brings the case here. The opinion fully states the facts. The execution of the contract of guaranty, as set forth in plaintiff’s bill of particulars, was admitted, and there was no issue authorizing evidence to be introduced.

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Error from Atchison District Court. Action brought by Eggan against Briggs and another, on a written guaranty for the payment of a certain promissory note. Trial at the January Term, 1878, of the district court, and judgment for the defendants. Eggan brings the case here. The opinion fully states the facts. The execution of the contract of guaranty, as set forth in plaintiff’s bill of particulars, was admitted, and there was no issue authorizing evidence to be introduced. (3 Kas. 295; 8 id. 376; 10 id. 103, 112; 11 id. 447; 9 id. 405; 20 id. 200. See also 21 Kas. 181; 18 id. 266, 19 id. 206;-…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This action was commenced before a justice of the peace, appealed to the district court, brought on petition in error to the supreme court, (Briggs v. Eggan, 17 Kas. 589,) reversed, and remanded to the district court, again tried in the district court, and again brought to the supreme court on petition in error. The last trial of the case was by the court, without a jury, and special findings both of law *713and fact were made, and judgment was rendered in favor of the defendants, Briggs & Watson, and against the plaintiff, John G. Eggan, for…

2Cases cited5 opinions

  1. Marbourg v. SmithSupreme Court of Kansas · 1873
  2. Briggs v. EgganSupreme Court of Kansas · 1877
  3. Stanley v. Farmers' BankSupreme Court of Kansas · 1877
  4. Alvey v. WilsonSupreme Court of Kansas · 1872
  5. Hannon v. HoustonSupreme Court of Kansas · 1877

3Cited by7 opinions

  1. Challiss v. WylieSupreme Court of Kansas · 1886
  2. Hutchison v. MyersSupreme Court of Kansas · 1893
  3. Curtis v. SchmehrSupreme Court of Kansas · 1904
  4. King v. BellamySupreme Court of Kansas · 1910
  5. Carnahan v. LloydCourt of Appeals of Kansas · 1896

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