Shumaker v. O'Brien
Supreme Court of Kansas
Error from, Nemaha District Court. Action by Shumaker and two others to recover back the purchase-money paid by them to O’Brien for a certain bull. The action was grounded upon alleged fraud and deception on the part of O’Brien at the time of the sale regarding the property sold. Trial at April Term 1876. A demurrer to the evidence was sustained, and judgment given against plaintiffs for costs. They now bring the case here.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
At the April Term of the district court for 1876, the defendant obtained a judgment for costs against the plaintiffs, and thereupon the plaintiffs obtained leave to make a case in sixty days. Afterward, the time was extended by consent of parties to September 4th 1876. Within said *477time, and with consent of the parties, a case was attempted to be made. The paper attached to the petition in error as a case-made was not attested by the clerk of the district court, nor is the seal of the court affixed thereto. Hence this pa-: per is not…
2Cases cited2 opinions
- Hodgden v. Comm'rs of Ellsworth Co.Supreme Court of Kansas · 1873
- Morgan v. ChappleSupreme Court of Kansas · 1872
3Cited by14 opinions
- Vann v. Union Central Life Ins. Co.Supreme Court of Oklahoma · 1920
- Thompson v. FultonSupreme Court of Oklahoma · 1911
- St. Louis. S. F. R. Co. v. TaliaferroSupreme Court of Oklahoma · 1916
- Whitney v. HarrisSupreme Court of Arkansas · 1878
- Neiswender v. JamesSupreme Court of Kansas · 1889
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