Morell v. Massa
Supreme Court of Kansas
I. Had the cause been appealed and tried under the statutes of 1855, they would not have had authority to try it. (Stat. 55, p. 639.) The proceedings were under the code of 1858. (§ 602, p. 167.) Code of 1858 took effect the first of April, 1858. (§ 614, p. 169.) II. The organic law says that the proceedings in error shall be regulated by law. (§ 27, p. 36.) III.
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I. Had the cause been appealed and tried under the statutes of 1855, they would not have had authority to try it. (Stat. 55, p. 639.) The proceedings were under the code of 1858. (§ 602, p. 167.) Code of 1858 took effect the first of April, 1858. (§ 614, p. 169.) II. The organic law says that the proceedings in error shall be regulated by law. (§ 27, p. 36.) III. The code of 1858 prescribed the regulations for writs of error and appeals to reverse the judgments of inferior courts. (Code of 1858, § 515, p. 158.) The supreme court acquires jurisdiction only by a strict compliance with the…
1Opinion of the Court
By the Court,
Kingman, J.
Final judgment ivas rendered in this cause on the 15th day of November, A. D. 1858, in the district court sitting in and for the county of Shawnee.
The petition in error with the transcript was filed in this court on the 7th day of January, 1861. No precipe for summons has been filed in the case and no summons has been issued.
On the 17th day of February, 1862, the death of defendant in error was suggested, and, on motion of plaintiffs in error, an order of revivor was made against the administrator of the decedent. This order of revivor was served on the administrator,…
2Cited by4 opinions
- Howard v. ArkansawSupreme Court of Oklahoma · 1916
- Palmer v. HelmerSupreme Court of Kansas · 1945
- Polzin v. National Cooperative Refinery Ass'nSupreme Court of Kansas · 1956
- Eikelberger v. Board of County CommissionersSupreme Court of Kansas · 1940