Smith v. Moore
Supreme Court of Arkansas
Error from Labette District Court. Action by Moore, against Smith. Trial at May Term, 1877, of the district court, and judgment against Smith, who brings the case here.
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Error from Labette District Court. Action by Moore, against Smith. Trial at May Term, 1877, of the district court, and judgment against Smith, who brings the case here. It is rare to meet so general a disregard of the settled practice governing proceedings for review on error as appears in this case; and it is not available to plaintiff in error, for the following reasons: 1. The batch of papers attached to the petition in error and denominated a “case-made,” and settled, or attempted to be, after term, does not purport to be composed of originals, but only copies. (Laws 1877, p. 243, §1; 19…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Counsel for the defendant in error attacks the proceedings filed in this court, and an examination of them conclusively shows that the merits of the case cannot be considered upon the record presented to us.
The papers attached to the petition in error purport to be copies of the case-made, and of certain pleadings and journal entries, and, within M. K. T. Co. v. Palmer, 19 Kas. 471, are not available on review.
Since the brief of the counsel for the defendant in error was filed, the plaintiff in error has transmitted to us the original…
2Cases cited3 opinions
- Missouri & Kansas Transportation Co. v. PalmerSupreme Court of Kansas · 1878
- Shumaker v. O'BrienSupreme Court of Kansas · 1878
- L. L. & G. Railroad v. MarisSupreme Court of Kansas · 1876
3Cited by2 opinions
- Howe Machine Co. v. PetersonSupreme Court of Kansas · 1879
- Paul v. WhetstoneSupreme Court of Kansas · 1882