Bartholomew v. Guthrie
Supreme Court of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. The plaintiff in error filed his petition in the district court of Shawnee county, in which he alleged in substance that Elizabeth Bartholomew and Sarah E. Bartholomew, who were respectively the mother and the sister of plaintiff, during their lifetime owned a certain tract of land in the state of Iowa, of which state the plaintiff, his mother and sister were residents; that the mother and sister had certain…
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Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. The plaintiff in error filed his petition in the district court of Shawnee county, in which he alleged in substance that Elizabeth Bartholomew and Sarah E. Bartholomew, who were respectively the mother and the sister of plaintiff, during their lifetime owned a certain tract of land in the state of Iowa, of which state the plaintiff, his mother and sister were residents; that the mother and sister had certain dealings with reference to the land with the Darrow Investment Company and one Mary H. Burnham, by virtue of which the…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The defendant in error presents two objections to the consideration of the errors complained of by the plaintiff in error:(1) The order overruling the demurrer shows that plaintiff elected to stand on his demurrer, but no judgment was entered. This objection is not well taken. Section 542 of the code of civil procedure expressly provides:
“The supreme court may also reverse, vacate or modify any of the following orders of a district court:' . . . 2. An order . . . that sustains or overrules a demurrer.” (Gen. Stat. 1901, §5019.)(2) It is urged…
2Cases cited1 opinion
- Franklin v. ColleySupreme Court of Kansas · 1872
3Cited by18 opinions
- Silvers v. HowardSupreme Court of Kansas · 1920
- Dalton v. HillSupreme Court of Kansas · 1950
- Chouteau v. ChouteauSupreme Court of Oklahoma · 1915
- Giltner v. StephensSupreme Court of Kansas · 1947
- Cullinan v. Mercantile Trust Co.California Court of Appeal · 1926
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