Simpson v. Kirschbaum & Co.

The opinion of the court was delivered by

Horton, C. J.:

The petition in error filed in this court contains the following allegations:

“1. The court erred in overruling the motion of the defendant below to quash the summons and dismiss the action.

“2. The court erred in overruling the motion of the defendant below to discharge the attachment and to dismiss the action.”

These alleged errors cannot be considered. The record does not purport to contain the trial of the case, or any judgment, and we Cannot assume that a final judgment has- been rendered.

In Brown v. Kimble, 5 Kas. 80, it was decided…