McArthur v. Mitchell
Supreme Court of Kansas
Error from Jefferson District Court. Mitchell brought his action to foreclose a certain mortgage executed by Laomi McArthur to and in favor of one Demi H. Lecompt, and assigned to plaintiff. The case was tried at the May Term, 1870, and judgment given in favor of the. plaintiff. No bill of exceptions was settled, but the defendant caused the instructions, given by the court to the jury, with the exceptions taken thereto, to be spread upon the journal.
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Error from Jefferson District Court. Mitchell brought his action to foreclose a certain mortgage executed by Laomi McArthur to and in favor of one Demi H. Lecompt, and assigned to plaintiff. The case was tried at the May Term, 1870, and judgment given in favor of the. plaintiff. No bill of exceptions was settled, but the defendant caused the instructions, given by the court to the jury, with the exceptions taken thereto, to be spread upon the journal. The plaintiff’s petition set forth certain written instruments, or contracts, besides the mortgage; and the construction given to such…
1Opinion of the Court
*175By the Court,
Kingman, C. J.:
In this case the transcript of the record shows the pleadings and the journal entries as the same remain of record and on file in the office of the clerk of the court below. It contains no bill of exceptions showing the evidence, or any part thereof. Nor do the instructions appear in any bill of exceptions, or as permitted by § 276 of the civil code. In this condition of the record there is no question made that we can decide.
The counsel for plaintiff in error claims that the instructions given and refused were entered upon the journal, and must of necessity have…
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- Litsey v. MoffettSupreme Court of Kansas · 1883
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