Legal Opinion

Pennock v. Monroe

Supreme Court of Kansas

Decided March 15, 1870PublishedCited by 12 opinions

Error from Franklin County. The petition in this case in the court below, substantially alleged: that plaintiff is a half-breed of the Sac and Fox tribe of Indians as mentioned in the tenth (10th) article of the treaty between the United States and the Sae and Fox tribe of Indians, as ratified by the Senate of the United States, July 9th, A. D. 1869. That as such half-breed, she received by patent from the United States, subject to the conditions in said tenth article…

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Error from Franklin County. The petition in this case in the court below, substantially alleged: that plaintiff is a half-breed of the Sac and Fox tribe of Indians as mentioned in the tenth (10th) article of the treaty between the United States and the Sae and Fox tribe of Indians, as ratified by the Senate of the United States, July 9th, A. D. 1869. That as such half-breed, she received by patent from the United States, subject to the conditions in said tenth article mentioned, the following described lands, situated in said Franklin county, to-wit: The east half of section twelve (12),…

1Opinion of the Court

By the Court,

Saeeord, J,

As to the second assignment of error in this case, that the court below erred in overruling the demurrer to the petition, we do not feel authorized or required to examine, and for the reason that the record does not properly show what was, or was not,- the action of the court in the premises.

Record: The Judges Minutes It is true that the record contains a copy of tpe minutes made by the Judge, before whom the case was tried, upon his trial docket, and under the title thereof. But this is all that appears. Such minutes are no part of the record in any case, and might be…

2Cited by12 opinions

  1. Gates v. GatesSupreme Court of Kansas · 1945
  2. Bigpond v. DavisSupreme Court of Oklahoma · 1926
  3. Krause v. MeansSupreme Court of Kansas · 1873
  4. United Zinc & Chemical Co. v. MorrisonSupreme Court of Kansas · 1907
  5. Packard v. PackardSupreme Court of Kansas · 1915

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