Boeken v. School District No. 49

Supreme Court of Kansas

Boeken v. School District No. 49

93 P. 1132, 77 Kan. 762, 1908 Kan. LEXIS 335

CourtSupreme Court of Kansas

DecidedJanuary 11, 1908

DocketNo. 15,311

StatusPublished

This text of 93 P. 1132 (Boeken v. School District No. 49) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boeken v. School District No. 49, 93 P. 1132, 77 Kan. 762, 1908 Kan. LEXIS 335 (kan 1908).

Pincite

Opinion

Per Curiam:

The school district sued Boeken, ex-treasurer of the district, and his bondsmen for $331.82, alleged to be remaining in his hands as such treasurer, belonging to the school district, and withheld by him on demand from his successor in office. Boeken answered setting up a counter-claim for a small amount, and admitted a balance of indebtedness of $105.29, for which he offered to confess judgment. The case was tried to a jury in the district court of Allen county, [763]*763a verdict was returned in favor of the plaintiff for $194.54, and judgment was rendered against the defendants for that sum and costs. The difference between the amount of the judgment and the offer is $89.25, and this is the sum attempted to be put in controversy in this court by the appeal. The error proceeding is not within the jurisdiction of this court. (Civ. Code, § 542; Gen. Stat. 1901, § 5019.)

The proceeding in error is dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam:

The school district sued Boeken, ex-treasurer of the district, and his bondsmen for $331.82, alleged to be remaining in his hands as such treasurer, belonging to the school district, and withheld by him on demand from his successor in office. Boeken answered setting up a counter-claim for a small amount, and admitted a balance of indebtedness of $105.29, for which he offered to confess judgment. The case was tried to a jury in the district court of Allen county, [763]*763a verdict was returned in favor of the plaintiff for $194.54, and judgment was rendered against the defendants for that sum and costs. The difference between the amount of the judgment and the offer is $89.25, and this is the sum attempted to be put in controversy in this court by the appeal. The error proceeding is not within the jurisdiction of this court. (Civ. Code, § 542; Gen. Stat. 1901, § 5019.)

The proceeding in error is dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

93 P. 1132, 77 Kan. 762, 1908 Kan. LEXIS 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boeken-v-school-district-no-49-kan-1908.