Anderson v. Uncle Sam Oil Co.

Citations

• 106 Kan. 483
• 186 P. 198
• 1920 Kan. LEXIS 586

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statute — Authorizing Recovery of Attorney’s Fee Unconstitutional. That part of chapter 187 of the Laws of 1893, sections 5873-5879 of the General Statutes of 1915, which provides for an attorney’s fee, violates that part of the fourteenth amendment to the constitution of the United States which reads:</p> <p>“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of . . . property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”</p> <p>2. Tender — Valid Tender. “A tender to be valid must be without conditions, absolute.” (Shaw v. Sears, 3 Kan. 242, syl.)</p> <p>3. Jurisdiction — Appeal—Amount in Controversy. If a constitutional question is presented, an appeal will not be dismissed, although the amount in controversy in the supreme court is less than $100.</p>