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14 Kan. 290

Bush v. Peake

Supreme Court of Kansas

Decided January 15, 1875

Supreme Court of Kansas · decided 1875-01-15

Error from Marion District Court. Peake & Marsh recovered a judgment against Bush at the September Term 1873 of the district court. Bush appeals, and the only question is as to the right of a party to have a special verdict, under § 286 of the civil code, as amended by §7 of ch. 87 of the laws of 1870, upon his demand therefor.

Cited by 1 later decisions — most recently November 1899

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1875-01-15

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¶1The opinion of the court was delivered by

Brewer, J.:

¶2Plaintiff in error on the trial in the district court demanded a special verdict, which was refused. This was error. Under the laws of 1870, upon the demand of either party, it was the duty of the court to instruct the jury to return a special verdict. L. L. & G. Rld. Co. v. Rice, 10 Kas., 426. Eor this error the judgment must be reversed, and the case remanded for a new trial.

All the Justices concurring.
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