Bratton v. Cross
Supreme Court of Kansas
Error from Pawnee District Court. At the June Term, 1878, of the district court, Cross, as plaintiff, had judgment against Bratton, as defendant, who-brings the case to this court. A sufficient statement of the facts appears in the opinion, infra. The whole question is to be determined by ascertaining; the correct definition of the words “settled upon,” in connection with the words “actual settlers,” as used in the statute concerning school lands.
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Error from Pawnee District Court. At the June Term, 1878, of the district court, Cross, as plaintiff, had judgment against Bratton, as defendant, who-brings the case to this court. A sufficient statement of the facts appears in the opinion, infra. The whole question is to be determined by ascertaining; the correct definition of the words “settled upon,” in connection with the words “actual settlers,” as used in the statute concerning school lands. By force of the statute, words and phrases are to be construed according to the approved usage of the language, except where such words and phrases…
1Opinion of the Court
The opinion of the court was delivered by
"Valentine, J.:
This case has been brought to this court on a transcript of the record, and not upon a “case-made” for the supreme court, and hence, a motion to dismiss the case for any want or insufficiency of the “case-made,” must be overruled.
The case was tried in the court below, by the' court without a jury, upon the following agreed statement of facts, to-wit:
“It is agreed that the above action may be tried by the court on the 26th day of August, 1878, without a jury, upon the following facts, which are agreed to be all the facts in the • case,…
2Cases cited2 opinions
- Burleson v. DurhamTexas Supreme Court · 1876
- Wilson v. McLernanSupreme Court of Iowa · 1865
3Cited by3 opinions
- Great Northern Railway Co. v. ReedSupreme Court of the United States · 1926
- Christisen v. BartlettSupreme Court of Kansas · 1908
- Smith v. FlorenceCourt of Appeals of Texas · 1906