Legal Opinion

McClure v. Mo. River, Fort Scott & Gulf Railroad

Supreme Court of Kansas

Decided January 15, 1872PublishedCited by 16 opinions

Error from Cherohee District Court. McClure brought his action in the district court for the purpose of having a certain title bond executed by him to and in favor of the Mo. Diver, Fort Scott & Gulf Did. Co. for eighty acres of land adjudged to -be void-, and to have the same and the record thereof canceled, as being a cloud upon his title. The land adjoins the city of Baxter Springs.

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Error from Cherohee District Court. McClure brought his action in the district court for the purpose of having a certain title bond executed by him to and in favor of the Mo. Diver, Fort Scott & Gulf Did. Co. for eighty acres of land adjudged to -be void-, and to have the same and the record thereof canceled, as being a cloud upon his title. The land adjoins the city of Baxter Springs. McClure, in his petition alleges that said title bond was never delivered to the railroad company, but that on the 2d of December 1869 a proposal was made to said railroad company that if they would run their…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

1. Bills of exception may be settled without notice party. 2. Where original bill is erroneous it cannot be sent Back for correction. The defendant in error, the Railroad 'Company, makes a motion in this court that the transcript of the record be referred back to the judge of the district «court before whom the action was tried, in order that' said judge may review the bill of exceptions therein contained, and amend the same according to the facts. The bill of exceptions is perfectly regular upon its face. It was properly reduced to…

2Cited by16 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. SumnerIndiana Supreme Court · 1886
  2. Cobb v. Wm. Kenefick Co.Supreme Court of Oklahoma · 1909
  3. McGuffin v. Coyle and GussSupreme Court of Oklahoma · 1906
  4. Southard v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1909
  5. Piper v. Choctaw Northern Townsite & Improvement Co.Supreme Court of Oklahoma · 1906

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