Bleakley v. Smart
Supreme Court of Kansas
Original proceeding in mandamus. STATEMENT. This is an original action in mandamus, brought against the judge of the district court of Douglas county to obtain from him a ruling upon a motion for a new trial. The controversy involves what has become known as the “incubator baby case.”
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Original proceeding in mandamus. STATEMENT. This is an original action in mandamus, brought against the judge of the district court of Douglas county to obtain from him a ruling upon a motion for a new trial. The controversy involves what has become known as the “incubator baby case.” The history of the events ending in the refusal of the district court to act upon the motion for a new trial is as follows: Charlotte E. Bleakley, claiming to be the mother of Edith Bleakley, an infant exhibited as one of the “incubator babies” at the St. Louis World’s Fair, brought proceedings in habeas corpus…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
Numerous contentions are made in regard to the principles of law which it is said are involved in this controversy. Only a few of them in our . view need be decided.(1) It is contended by defendant that the judgment of the district court is not appealable, and that therefore this court was without authority to grant a supersedeas staying execution of the judgment and lacks jurisdiction to order the court below to act upon the motion for a new trial. It is said that no motion for a new trial was proper; that the district court has concurrent…
2Cases cited11 opinions
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- Cormack v. MarshallIllinois Supreme Court · 1904
- Colorado Eastern Ry. Co. v. Union Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1899
- In re HamiltonSupreme Court of Kansas · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bleakley v. BarclaySupreme Court of Kansas · 1907
- Jain v. PriestIdaho Supreme Court · 1917
- Jamison v. Gilbert Et Ux.Supreme Court of Oklahoma · 1913
- Petitt v. LewisSupreme Court of Kansas · 1911
- In Re ThompsonMontana Supreme Court · 1926
9 more not listed; retrieve them via the Exa API.