15 Kan. 383 | Kan. | 1875
The opinion of the court was delivered by
Neitzel sued Hagaman before a justice of the peace, and obtained judgment for $125.85. Hagaman took the case by petition in error to the district court, and the judgment was affirmed. Of this he'now complains, and asks a reversal. The principal question discussed arises upon a statement of facts in the transcript from the justice’s docket. It should be noticed that this transcript shows the filing of a bill of particulars, the issue and return of summons, with a
“And now to-wit, on this 4th day of December 1873, this cause came on for hearing; defendant being in the justice’s office requested to know what time it was, and was informed by the justice that it was ten minutes past ten o’clock by his watch, whereupon the defendant requested that the case be called. The plaintiff was not present, but had beén in a few moments before, about fifteen or twenty minutes to ten o’clock A. m. The justice stated that the constable was now preparing' a more suitable room for the trial of this cause, and it would be called in a few moments. Defendant departed, and was not in court again by himself or counsel. Shortly after the plaintiff entered the justice’s office, and claimed that the hoiir of trial had not arrived, and produced a watch indicating time at ten minutes to 10 A. M., and insisted upon trial of this case, and would risk judgment if it should be in his favor. Thereupon defendant was Called three times, and did not answer, and was not in court during the trial. Trial had,’-’ etc.
These being the only matters- complained of, the judgment will be affirmed.