Lucas v. Sturr
Supreme Court of Arkansas
Error from Montgomery District Court. Action brought iu the district court of Montgomery county, by Charles Lucas against Daniel Sturr and Robert AtJdnsón, to determine their adverse interests in certain land in said county, and to quiet-the title thereto. The action was tried at the September Term, 1876, and judgment rendered for defendants. A new trial was denied, and Lucas brings, the case to-this court.
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Error from Montgomery District Court. Action brought iu the district court of Montgomery county, by Charles Lucas against Daniel Sturr and Robert AtJdnsón, to determine their adverse interests in certain land in said county, and to quiet-the title thereto. The action was tried at the September Term, 1876, and judgment rendered for defendants. A new trial was denied, and Lucas brings, the case to-this court. The first question presented by counsel for defendants is • one of practice. They deny the jurisdiction of this court, for the reason that the case-made does not contain a copy of the…
1Opinion of the Court
• The .opinion of the court was delivered by
Valentine, J.:
The judgment of the court below in this case will be affirmed for the following, among other reasons, and upon the following, among other authorities:
First: Error, is never presumed, but must always be affirmatively shown. (Hall v. Jenness, 6 Kas. 357; Winsor v. Cole, 10 Kas. 620; Bartlett v. Feeney, 11 Kas. 594; Kelley v. Davis, 19 Kas. 510; Kupfer v. Sponhorst, 1 Kas. 75; Bainter v. Fults, 15 Kas. 323.) Therefore, where it is shown by the record that the court below on the fifth day after rendering the judgment in the case, overruled…
2Cases cited13 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Nesbit v. HinesSupreme Court of Kansas · 1876
- Brewster v. MaddenSupreme Court of Kansas · 1875
- Winstead v. StandefordSupreme Court of Arkansas · 1878
- Odell v. SargentSupreme Court of Kansas · 1864
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Glaser v. GlaserSupreme Court of Oklahoma · 1903
- McKinney v. StateWyoming Supreme Court · 1892
- Gruble v. RyusSupreme Court of Kansas · 1879
- Tacha v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1916
- Mills v. Kansas Lumber Co.Supreme Court of Kansas · 1881
7 more not listed; retrieve them via the Exa API.