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HARPER COUNTY COMMISSIONERS v. ROSE

No. 284.

140 U.S. 71 (1891)

11 S.Ct. 710

35 L.Ed. 344

HARPER COUNTY COMMISSIONERS, v. ROSE.

Supreme Court of United States.

Decided April 27, 1891.

Attorney(s) appearing for the Case

Mr. William E. Earle and Mr. William T.S. Curtis for plaintiff in error.

Mr. W.H. Rossington, Mr. Charles B. Smith and Mr. E.J. Dallas for defendant in error.

MR. JUSTICE LAMAR, after making the foregoing statement of the case, delivered the opinion of the court.

A preliminary question of pleading raised by the defendant meets us at the threshold of our investigations. It is urged that, as the answer was verified by the oath of the defendant, and as the reply was not verified by any oath of the plaintiff, therefore the verified answer must be taken as true, under section 108 of the Code of Civil Procedure of Kansas, as...

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