Legal Opinion

Greentree v. Wallace

Supreme Court of Kansas

Decided January 11, 1908No. 15,336PublishedCited by 6 opinions

Error from Mitchell district court; Richard M. Pickler, judge. STATEMENT. An information was filed by the county attorney in the district court of Mitchell county, charging one Cleevelin and his wife with the crime of maintaining a common nuisance in violation of the prohibitory liquor law, particularly describing the place.

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Error from Mitchell district court; Richard M. Pickler, judge. STATEMENT. An information was filed by the county attorney in the district court of Mitchell county, charging one Cleevelin and his wife with the crime of maintaining a common nuisance in violation of the prohibitory liquor law, particularly describing the place. Also, the information charged Cleevelin and wife with keeping large quantities of several specified kinds of intoxicating liquors, in certain specified receptacles, for the purpose of illegal sale. In short, all the usual and necessary averments in such an information…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

The defendant moves to dismiss the appeal here on the grounds that the court below found the issues iri his ‘favor upon evidence and the evidence is not brought up, only a transcript of the record being here. In support of this motion it is said the trial court found generally in favor of the defendant, and, *152for aught the record shows, the plaintiff failed to prove his alleged right of possession to the property, and all reasonable inferences should be indulged to support the judgment.

Had the court simply found the issues in the case in favor…

2Cases cited3 opinions

  1. State v. McManusSupreme Court of Kansas · 1902
  2. Karr v. StahlSupreme Court of Kansas · 1907
  3. In re MasseySupreme Court of Kansas · 1895

3Cited by6 opinions

  1. Walker v. AlexanderCourt of Appeals of Texas · 1919
  2. Clemons v. WilsonSupreme Court of Kansas · 1940
  3. Steward v. StateIndiana Supreme Court · 1913
  4. Crouse v. North American Aviation, Inc.District Court, W.D. Missouri · 1946
  5. Chapman v. BoyntonDistrict Court, D. Kansas · 1933

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