Supreme Court of Kansas January 15, 1877 (Briggs v. Eggan)

The opinion of the court was delivered by

Valentine, J.:

This was an action on a written guaranty for the payment of a certain promissory note. The action was commenced and first tried in a justice’s court. It was then taken on appeal to the district court, where it was again tried. This second trial was before the court alone, a jury having been waived.