Allen v. Krueger
Supreme Court of Kansas
Error from Ellis District Court. ACTION brought by Allen against Henry Krueger and Fred. Krueger, partners as Krueger Brothers, to recover a' balance of $401.55, alleged to be due on an account.’ Trial at the adjourned November Term, 1879, of the district court, and judgment for defendants. The plaintiff brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The sufficiency of the record presented for our examination is challenged by defendants in error, and this challenge we are constrained to hold must be sustained. The case was tried by a referee, and no bill of exceptions was preserved. A motion to confirm his report was, with some modifications, sustained. The plaintiff in error attempted to *75prepare a case-made, but the certificate of the judge shows that it was never settled and allowed by him. The certificate commences: “I don’t know as it would be just to say that this paper is settled…
2Cases cited5 opinions
- Atchison & Nebraska Railroad v. WagnerSupreme Court of Kansas · 1877
- Hodgden v. Comm'rs of Ellsworth Co.Supreme Court of Kansas · 1873
- Missouri & Kansas Transportation Co. v. PalmerSupreme Court of Kansas · 1878
- Winstead v. StandefordSupreme Court of Arkansas · 1878
- Shumaker v. O'BrienSupreme Court of Kansas · 1878
3Cited by4 opinions
- Furst v. ShowsSupreme Court of Alabama · 1926
- Upton v. American Trust Co. of PurcellSupreme Court of Oklahoma · 1912
- Mudge v. Kansas National BankSupreme Court of Kansas · 1896
- Atchison, Topeka & Santa Fe Railroad v. BenthienCourt of Appeals of Kansas · 1898