Kansas Reports (Volume 21)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879. Excerpt: ... CODE, CIVIL, 1868--Cited And Construed--Continued: I 308--application for new triiil to be made, when 48: ! 5313, as amended by laws of 1871, p. 277--trial docket 36 5 314, as amended by laws of 1871, p. 278--order of trial 37 5 315, as amended by laws of 1871, p. 278--actions, when triable, 30 5 319--who are competent witnesses 347 $322--who are incompetent witnesses 347 5 372--copies of papers received with same effect as original, when, 179 5 397--dismissal of action, without prejudice 474 8398--when defendant may proceed to trial 475 5470--judgment against principal and surety, how entered 477 4 546, as amended by laws of 1870, p. 169--transcript to be filed with the petition in error 96 ', 548, as amended bv laws of 1871, p. 274; 5 549, as amended by laws of 1870, p.'l68--case-made.....93, 94 5 589--when defendant to pay costs 716, 722 5590--when plaintiff to pay costs 716, 722 5 601--occupying claimants not to be evicted, until when 448, 449 5 613--land sold by executor, etc., and afterward recovered...602, 611 CODE, CRIMINAL, 1868--Cited And Construed: 5 115--counseling or aiding in commission of offense 50 COMPUTATION OF TIME-see time.' CONTINUANCE: Continuance liefused; No Error. In a reference had before a referee, after the evidence had all been concluded, the plaintiff produced and read an affidavit for the continuance of the hearing for fifteen days, that he might obtain additional evidence on the alleged ground of surprise: Held, That as it did not appear that the evi-dence was material to the issues, the referee committed no error in overruling his application. Perley v. Taylor 712 COSTS: 1. Set-off; No Error, When. In an action for the recovery of money only, in which the defendant filed for his defense a set-off, and the referee reports t...