6 Kan. 510 | Kan. | 1870
The opinion of the court was delivered by
This is a proceeding in error to reverse a judgment of the Leavenworth District Court, by
The indexing of the tax deeds may stand upon a different footing. It seems that for the seven years this had been neglected. This neglect of the register would render the records almost useless for the purpose of examination. Public convenience and public interest required that the work should be done. As those registers of deeds who had neglected the duty had gone out of office, there was ■no way to enforce the. duty, and no way of remedying •the evil, but by having an index made out.
During the trial Keller was a witness, and while being cross-examined by the county attorney, was asked this question: “You knew at the time you, presented this bill, what the legal fees were for copying ?” This the court refused to permit to be answered, and rightly, for two reasons : The work was not copying merely; and the fees therefor were not regulated by law. Second, if the fees were fixed by law, the witness was presumed to know that fact, and there was no need of proving it.
The judgment of the district court is reversed, and cause remanded for further procceedings.