Legal Opinion

Weatherwax v. State

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 5 opinions

Error from, Franklin District Court. Action on forfeited recognizance. The case was here in January 1874; (12 Kas. 463.) On being remanded to the district court, Weatherwax, on leave, amended his answer, setting up two additional defenses: first, that one H. E. S. was, on the 15th of January 1866, duly appointed guardian ' of the property of the defendant, by the probate court of said Franklin county, and continued to act as such from that day until defendant reached his…

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Error from, Franklin District Court. Action on forfeited recognizance. The case was here in January 1874; (12 Kas. 463.) On being remanded to the district court, Weatherwax, on leave, amended his answer, setting up two additional defenses: first, that one H. E. S. was, on the 15th of January 1866, duly appointed guardian ' of the property of the defendant, by the probate court of said Franklin county, and continued to act as such from that day until defendant reached his majority on the 28th of May 1869; and second, that on the 19th of October 1871, a pardon of the original offense, to appear…

1Opinion of the Court

*428The opinion of the court was delivered by

Valentine, J.:

This was an action on a forfeited recognizance. This is the second time that the case has been brought to this court. [The State v. Weatherwax, 12 Kas. 463.) When the case was first brought to this court the only question involved therein was, whether a minor who was a defendant in a,criminal action could bind himself personally by a recognizance entered into by himself and sureties for his personal appearance at the next term of the district court to answer to a charge in such criminal action, of committing a criminal offense.' We then…

2Cases cited1 opinion

  1. State v. WeatherwaxSupreme Court of Kansas · 1874

3Cited by5 opinions

  1. Jamison v. FlannerSupreme Court of Kansas · 1924
  2. Commonwealth v. HouseSuperior Court of Pennsylvania · 1899
  3. Paddock-Hawley Iron Co. v. McDonaldMissouri Court of Appeals · 1895
  4. Dale v. CommonwealthCourt of Appeals of Kentucky · 1897
  5. State ex rel. Fields v. CrytsMissouri Court of Appeals · 1901

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