American Surety Co. v. Ashmore
Supreme Court of Kansas
Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. This action was commenced by the plaintiff in error to recover on an indemnity bond executed to it by the defendants in error. It appears that there was a litigation pending in the district court of Grayson county, Texas, involving the settlement of a large estate, and that there were persons living in Kansas who claimed to be interested and who wished to intervene in that action to protect their interests.
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Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. This action was commenced by the plaintiff in error to recover on an indemnity bond executed to it by the defendants in error. It appears that there was a litigation pending in the district court of Grayson county, Texas, involving the settlement of a large estate, and that there were persons living in Kansas who claimed to be interested and who wished to intervene in that action to protect their interests. These persons were required to give a bond for costs before they were permitted to intervene. The American Surety…
1Opinion of the Court
The opinion of the court was delivered by
Greene, J.:
The defendants challenge the jurisdiction of this court to inquire into the merits of this cause on the ground that no judgment has been entered on the verdict against the plaintiff. This contention cannot be sustained. Section 5019 of the General Statutes of 1901 provides that this court may reverse or vacate an order denying a motion for a new trial. This may be done independently of the rendition of a judgment on the verdict. (Backus v. Clark, 1 Kan. 303, 83 Am. Dec. 437; Osborne, Ex’r., v. Young, 28 Kan. 769, 774; Thompson v. Wheeler &…
2Cases cited3 opinions
- Backus v. ClarkSupreme Court of Kansas · 1863
- Thompson v. Wheeler & Wilson Manufacturing Co.Supreme Court of Kansas · 1883
- Osborne v. YoungSupreme Court of Kansas · 1882
3Cited by9 opinions
- Wesley v. DiamondSupreme Court of Oklahoma · 1910
- MacKin v. Darrow Music Co.Supreme Court of Oklahoma · 1917
- Knebel v. RennieSupreme Court of Oklahoma · 1922
- Roof v. FranksSupreme Court of Oklahoma · 1910
- First Nat. Bank of Shawnee v. Oklahoma Nat. Bank of ShawneeSupreme Court of Oklahoma · 1911
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