City of Burlingame v. Kansas Valley National Bank
Supreme Court of Kansas
Error from Osage District Court. The only question here, is one of practice, respecting the filing of pleadings. Judgment was given for the Bank, at the December Term 1874, and the City of Burlingame brings the case here.
1Opinion of the Court
The opinion of the court-was delivered by
Brewer, J.:
But a single question is presented by counsel for plaintiff in error, and that, it seems to us, is clearly covered by decisions already made in this court. March 21st 1872, was the time for filing a reply. It was filed the next day. Judgment was not entered until December 1874. When called for trial at that time the defendant moved to strike the reply from the files, because filed out of time. The court overruled the motion, and this is the error complained of. It also appears that the case was continued by consent, at the fall term of 1872.…
2Cases cited5 opinions
- Taylor v. HosickSupreme Court of Kansas · 1874
- Clark v. SpencerSupreme Court of Kansas · 1875
- Davis v. WilsonSupreme Court of Kansas · 1873
- Hobson v. Ogden's ExecutorsSupreme Court of Kansas · 1876
- Douglas v. RinehartSupreme Court of Kansas · 1870
3Cited by1 opinion
- Thompson v. Aultman & Taylor Machine Co.Supreme Court of Kansas · 1915