Union Pacific Railroad v. Ellsworth Mill & Elevator Co.

Citations

• 84 Kan. 604
• 114 P. 1050
• 1911 Kan. LEXIS 378

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Jury Trial — Justice of the Peace — Appearance of Defendant— Right to Appeal. The statute giving a right to trial by jury-in justices courts reads: “In all civil actions, after an appearance of the defendant and before the justice shall proceed to inquire into the merits of the cause, either party may demand a jury.” (Jus. Civ. Code, § 95.) The justices act also provides that no appeal shall be allowed from the judgment of a justice of the peace in jury trials where neither party claims more than $20. (Jus. Civ. Code, § 132.) Held,, that where-the defendant makes no appearance the plaintiff has no right, to a jury trial, and can not, by demanding and obtaining one,, deprive the defendant of his right to appeal.</p>