Legal Opinion

Westbrook v. Schmaus

Supreme Court of Kansas

Decided January 15, 1893PublishedCited by 7 opinions

Error from Butler District Court. Action between Westbrook and Schmaus to quiet title. From the judgment, on October 5, 1889, Westbrook comes to this court.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This proceeding was brought to review the rulings and judgment of the district court of Butler county, in an action to quiet title. The right to a review is challenged on account of the insufficiency of the record. The petition in error is based upon a transcript instead of a case-made, and the clerk, in the certificate attached, certifies that it “is a full, true and correct copy of certain proceedings had in said court in the case therein entitled, as the same appears of record in my office.” The certificate fails to show that the record…

2Cases cited1 opinion

  1. Whitney v. HarrisSupreme Court of Arkansas · 1878

3Cited by7 opinions

  1. Featherman v. Granite CountyMontana Supreme Court · 1903
  2. Wade v. MitchellSupreme Court of Oklahoma · 1904
  3. Fortune v. ParksSupreme Court of Oklahoma · 1911
  4. Eldridge v. DeetsCourt of Appeals of Kansas · 1896
  5. Heaston v. MillerCourt of Appeals of Kansas · 1895

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