Schafer v. Weaver & Bill
Supreme Court of Kansas
Error from Elk Distriot Court. The district court, at the April Term 1877, sustained a demurrer to plaintiffs’ evidence, and then on motion of plaintiffs dismissed their action, at their costs, without prejudice to a future action. Schafer, defendant, complains of this order of dismissal, and brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on a promissory note. The action was commenced by Weaver & Bill, the payees thereof, against Caroline Schafer, the maker thereof, before a justice of the peace. The defendant in her bill of particulars *295admitted the execution of the note, but alleged that she had paid the same, and that she held a receipt for such payment. Trial was had before the justice and a jury, and a verdict and judgment were rendered in favor of the plaintiffs and against the defendant for $173.63, and costs. The defendant then appealed to the…
2Cases cited2 opinions
- Kansas Pacific Railway Co. v. CouseSupreme Court of Kansas · 1877
- St. Joseph & Denver City Railroad v. DrydenSupreme Court of Kansas · 1876
3Cited by11 opinions
- Hutchison v. BrownSupreme Court of Oklahoma · 1916
- Shuffeldt v. JefcoatSupreme Court of Oklahoma · 1915
- Chicago, R. I. & P. Ry. Co. v. ReynoldsSupreme Court of Oklahoma · 1932
- Ashmead v. AshmeadSupreme Court of Kansas · 1880
- Pugsley v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1904
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