Chapman v. Blakeman
Supreme Court of Kansas
Error from Marion District Court. At the April Term for 1881, Mary M. Blaheman recovered a judgment against O. C. Chapman and Martha Chapman for the sum of $1,259.02, and the firm of Crane & Brewerton recovered judgment against O. C. Chapman and one S. Harrison for $816.11, which judgments aggregated $2,075.13. The firm of Crane & Brewerton were the financial agents of Mary M. Blakeman, and R. M. Crane was an attorney at law and her attorney, andas such attorney he obtained…
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Error from Marion District Court. At the April Term for 1881, Mary M. Blaheman recovered a judgment against O. C. Chapman and Martha Chapman for the sum of $1,259.02, and the firm of Crane & Brewerton recovered judgment against O. C. Chapman and one S. Harrison for $816.11, which judgments aggregated $2,075.13. The firm of Crane & Brewerton were the financial agents of Mary M. Blakeman, and R. M. Crane was an attorney at law and her attorney, andas such attorney he obtained the judgment against O. C. Chapman and Martha Chapman. On July 27,1881, the firm of Cráne & Brewerton took a deed from…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The first question presented in this case for determination is: Did the court below err in proceeding to hear the matter before it on motion? The practice of granting relief, in cases of this nature, by summary application upon motion, is fully established. (McDonald v. Falvey, 18 Wis. 599, and cases there cited; Wilson v. Stilwell, 14 Ohio St. 464; McGregor v. Comstock, 28 N. Y. 237.) In many of the courts, however, it is held that where the evidence is conflicting upon material questions of fact arising upon the motion, the party…
2Cases cited3 opinions
- State v. PettySupreme Court of Arkansas · 1878
- McGregor v. . ComstockNew York Court of Appeals · 1863
- Hill v. . HermansNew York Court of Appeals · 1874
3Cited by6 opinions
- State v. FoutsSupreme Court of Kansas · 1950
- Zediker v. StateNebraska Supreme Court · 1926
- Carrigg v. AndersonSupreme Court of Kansas · 1949
- Fox v. State ex rel. PowersNebraska Supreme Court · 1901
- Acme Harvester Co. v. MagillNorth Dakota Supreme Court · 1906
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