Fitzgerald v. Wellington
Supreme Court of Kansas
Error from Marshall District Court. This was an action commenced originally before a justice of the peace by Richard Wellington against Gideon Fitzgerald, on an appeal bond, in which action judgment was rendered by the justice of the peace in favor of Jhe plaintiff, and against the defendant for $300 and costs.
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Error from Marshall District Court. This was an action commenced originally before a justice of the peace by Richard Wellington against Gideon Fitzgerald, on an appeal bond, in which action judgment was rendered by the justice of the peace in favor of Jhe plaintiff, and against the defendant for $300 and costs. The defendant appealed to the district court, where the case was tried at the March Term, 1886, before the court without a jury, and. the court made the following findings of fact and a conclusion of law, to wit: “findings of fact. “1. On the 23d day of December, 1884, the said Richard…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The only question involved in this case is as follows: Where a judgment is rendered by a justice of the peace in favor of the plaintiff and against the defendant, and the defendant appeals to the district court, and afterward dismisses his appeal, are the sureties- on the appeal bond liable for the amount of the judgment rendered in the justice’s court, *462or only for the amount of the judgment for costs rendered in the district court ? This question is purely one of statutory construction. The statutes applicable to the case, to wit, §§121,…
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