Stapleton v. Orr
Supreme Court of Kansas
Error from Lane District Court. The plaintiffs in error, as plaintiffs, filed their petition in the Lane district court, asking for a j udgment against defendant Orr for $4,544.10, and that certain lots held by the other defendant, Julia E. Lewis, be adjudged to be the property of plaintiffs, and that her deed therefor from Orr be set aside, and a commissioner be appointed to execute a deed to the same to plaintiffs.
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Error from Lane District Court. The plaintiffs in error, as plaintiffs, filed their petition in the Lane district court, asking for a j udgment against defendant Orr for $4,544.10, and that certain lots held by the other defendant, Julia E. Lewis, be adjudged to be the property of plaintiffs, and that her deed therefor from Orr be set aside, and a commissioner be appointed to execute a deed to the same to plaintiffs. The plaintiffs and defendant Orr were partners in the lumber business at Dighton and Pierceville, under the firm-name of The Orr & Stapleton Lumber Co.; the firm became…
1Opinion of the Court
Opinion by
Holt, C.:
The defendants say that we cannot investigate the merits of the action, for the reason that no motion for a new trial has been filed. Where an error is apparent upon the face of the record, a motion for a new trial is unnecessary. In this case the judgment was based upon the pleadings, and the error appears, and an exception was taken to the judgment at the time of its rendition. It is claimed that we cannot examine the testimony submitted before the district court upon the motion to dissolve an attachment. We could not, we think, do so in order to determine whether or not…
2Cases cited4 opinions
- Board of Commissioners v. McIntoshSupreme Court of Kansas · 1883
- Benz v. HinesSupreme Court of Kansas · 1866
- Bundrem v. DennSupreme Court of Kansas · 1881
- Schulenberg v. FarwellIllinois Supreme Court · 1877
3Cited by12 opinions
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- Kuchler v. WeaverSupreme Court of Oklahoma · 1909
- Herring v. WigginsSupreme Court of Oklahoma · 1898
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
- Tacha v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1916
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