Merywethers v. Youmans

Citations

• 81 Kan. 309
• 105 P. 545
• 1909 Kan. LEXIS 362

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — City Court of Wichita — Action for Recovery of Money Only. In actions for the recovery of money only the jurisdiction of the city court of Wichita is fixed by the amount claimed and not by the amount of indebtedness.</p> <p>2. -Limiting Claim to Jurisdictional. Amount — Abandonment of Remainder. It is the privilege of a creditor to abandon or remit a part of his debt and thus bring it within the jurisdiction of the court, and when he limits his claim to an amount within the jurisdiction of the court he necessarily forgives so much of the debt as exceeds that amount.</p> <p>3. Contracts — Express and Implied — Joinder of Causes of Action. It is competent for the plaintiff to set up an express contract to pay specified wages for work done and also that the work was reasonably worth the amount claimed.</p> <p>4. Evidence — Original Entries in Books of Account — Entries Made for One Unable to Read or Write. Entries in'the account book of the plaintiff, who could not read or write, made by another upon the plaintiff’s dictation about the time the transactions entered were had, may Be received in evidence when verified by the testimony of the persons making the entries and of the plaintiff that the items entered were correctly reported by him.</p>