Chicago Lumber Co. v. Tomlinson
Supreme Court of Kansas
Error from Finney District Court. The Chicago Lumber Company oe Kansas, a corporation, brought suit against William M. Tomlinson, Harry C. Lucas, executor of the will of Thomas Lucas, deceased, Silas T. Lucas, and others, heirs of said Thomas Lucas, and divers other parties having claims against the property, to recover a judgment against said Tomlinson and the heirs of said Lucas, and foreclose a mechanic’s lien on certain lots in Garden City.
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Error from Finney District Court. The Chicago Lumber Company oe Kansas, a corporation, brought suit against William M. Tomlinson, Harry C. Lucas, executor of the will of Thomas Lucas, deceased, Silas T. Lucas, and others, heirs of said Thomas Lucas, and divers other parties having claims against the property, to recover a judgment against said Tomlinson and the heirs of said Lucas, and foreclose a mechanic’s lien on certain lots in Garden City. The petition alleges that W. M. Tomlinson and Thomas Lucas entered into a contract with one J. A. Case for the erection of a two-story stone building…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
1. Case made-power of trial judge. The defendant in error again challenges the case-made, on the ground that it was never served on the defendant. This question was raised by motion, and decided adversely to the defendant in error at the February, 1893, session of the court. A supplemental certificate signed by the trial judge, dated February 4, 1895, without any attestation, has been attached to the case-made, but this cannot be considered. The jurisdiction of the trial judge terminated when he signed and settled the case, on the 23d of…
2Cases cited1 opinion
- Lewis v. LinscottSupreme Court of Kansas · 1887
3Cited by10 opinions
- Lanyon Zinc Co. v. FreemanSupreme Court of Kansas · 1904
- Grand Lodge of the Ancient Order of United Workmen v. FurmanSupreme Court of Oklahoma · 1898
- Dunn v. WallingfordUtah Supreme Court · 1916
- Sutton v. StateCourt of Criminal Appeals of Oklahoma · 1931
- Exchange National Bank v. Estate of BettsSupreme Court of Kansas · 1918
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