Church v. Goodin
Supreme Court of Kansas
Error from Franhlin District Court. The substantial facts in' this case are fully stated in the findings of the district court, which are as follows: “ This is a suit on two appeal - bonds, of which true copies are annexed to the petition. The action mentioned in said appeal bonds was tried by this court at the May term, 1878, and the court rendered judgment therein for the said C. W. Goodin.
Read the full summary
Error from Franhlin District Court. The substantial facts in' this case are fully stated in the findings of the district court, which are as follows: “ This is a suit on two appeal - bonds, of which true copies are annexed to the petition. The action mentioned in said appeal bonds was tried by this court at the May term, 1878, and the court rendered judgment therein for the said C. W. Goodin. At the same term and in due time George E. Church, defendant, filed a motion for a new trial, which motion the court continued until the September term of the court for 1878 — i. e., the present term —…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Counsel claiming a reversal of the judgment of the district court, contends that the execution in the case of Goodin v. Church was wrongfully issued, as the motion for a new trial was pending and undisposed of at the date of its issue, and therefore that the action of Goodin v. Church and his sureties, upon the appeal bonds, was prematurely brought. At common law the motion for a new trial suspended the judgment and all its effects until the motion was disposed of. In this country, this rule of the common law has been very generally…
2Cases cited1 opinion
- People ex rel. Carpentier v. LoucksCalifornia Supreme Court · 1865
3Cited by10 opinions
- Buettinger v. HurleySupreme Court of Kansas · 1886
- Koontz ex rel. Koontz v. WeideSupreme Court of Kansas · 1922
- Barnett v. BohannonSupreme Court of Oklahoma · 1910
- Ex parte CraigSupreme Court of Missouri · 1895
- Council Bluffs Savings Bank v. GriswoldNebraska Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.