¶1This action was tried in the superior court of Shawnee county, before the judge and a jury. The court sustained a demurrer to the evidence of the defendant, and directed the jury to find a verdict for the plaintiffs. The defendant below, plaintiff in error, filed no motion for a new trial. Therefore the judgment must be affirmed. (Pratt v. Kelley, 24 Kas. 111; Gruble v. Ryus, 23 id. 195, and cases therein cited.)
37 Kan. 19
Buck v. Kelley
Decided July 15, 1887
Supreme Court of Kansas · decided 1887-07-15
Action by Kelley, Mans & Co. upon a promissory note made by P. H. Smith and J. F. Buok to plaintiffs. Buok in defense alleged that he was a surety on the note, and had been released by the extension of time of payment, which defense plaintiffs denied. Trial at the January Term, 1886, of the superior court of Shawnee county. Verdict and judgment for plaintiffs for $609.20. Buok brings the case here.
Decided 1887-07-15