Legal Opinion

Clemenson v. Chandler

Supreme Court of Kansas

Decided May 15, 1868PublishedCited by 15 opinions

Error from Shawnee County. This was an action brought by one of the defendants in error in the usual form on a note and mortgage, making plaintiff in error, who had a lien on the mortgaged premises, and others, parties defendants. Answers were filed by defendants. On the trial of the cause, the defendants demanded a jury, which was, by the court, refused, and exceptions to the ruling were preserved.

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Error from Shawnee County. This was an action brought by one of the defendants in error in the usual form on a note and mortgage, making plaintiff in error, who had a lien on the mortgaged premises, and others, parties defendants. Answers were filed by defendants. On the trial of the cause, the defendants demanded a jury, which was, by the court, refused, and exceptions to the ruling were preserved. Judgment and decree were rendered for plaintiff, and Clemenson brought the case to this court for review. submitted: All the issues made by the pleadings in the court below, were issues of fact…

1Opinion of the Court

By the Court,

Safford, J.

The only question which is urged for our consideration in this case, arises upon the refusal of the district court to submit any of the various issues, of whatever kind or nature, as made up by the pleadings, to the. judgment and decision of a jury, according to the request and demand of the plaintiff in error, who was one of the defendants below.

*560Such, refusal of the district court is claimed to have "been erroneous, and prejudicial to the rights of the parties defendant, and especially so to the rights of the plaintiff here. We think that this point is well taken; and…

2Cited by15 opinions

  1. Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
  2. Maas v. DunmyerSupreme Court of Oklahoma · 1908
  3. Jenness v. CutlerSupreme Court of Kansas · 1874
  4. Bradley v. ParkhurstSupreme Court of Kansas · 1878
  5. Baldwin v. McDonaldWyoming Supreme Court · 1916

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