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22 Kan. 685

Funk v. James

Supreme Court of Kansas

Decided July 15, 1879

Supreme Court of Kansas · decided 1879-07-15

At the July Term, 1878, of the district court of Wyandotte county, Jennie M. James, as administratrix of the estate of David E. James, deceased, and five others, as plaintiffs, recovered a judgment against Funk, as defendant, who brings the case to this court.

Decided 1879-07-15

Per Curiam:

¶1The judgment in the above case must be reversed, upon the authority of Knox v. Dunn, just decided. The findings of the court will be set aside, and a new trial ordered. Upon a new trial, under like evidence produced by the' defendant in error in this case, the district court ought to render judgment for costs in favor of the plaintiff in error, the defendant below.

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