38 Kan. 283 | Kan. | 1888
The opinion of the court was delivered by
The Trask Fish Company brought this action before R. H. Bishop, a justice of the peace of Saline county, to recover $12.05 from J. E. Woodward, for merchandise sold and delivered. A trial was had with a jury, and on May 15, 1886, a verdict awarding one dollar to Woodward was rendered. A motion for a new trial was filed on the following day, which was set for hearing on May 21, when the motion was heard and taken under advisement by the justice until May 24, 1886. At that time the justice, with both parties present, overruled the motion for a new trial, to which the fish company excepted, and Woodward then remitted the one dollar awarded him by the verdict of the jury. A bill of exceptions was made by the Trask Fish Company, and the case taken to the district court on error. At the May term, 1886, the court reversed the judgment of the justice of the peace, awarded judgment for costs in favor of the Trask Fish Company, and set the case for trial and final judgment in that court. Of this judgment Woodward now complains.
The contention of plaintiff in error here is that before the district court can review the rulings and judgment of the justice of the peace, a motion for a new trial must have been
Judgment affirmed.