Dudley v. Barney
Court of Appeals of Kansas
Memorandum.— Ei-ror from Shawnee district court; John Guthrie, judge. Action by Annie C. Barney against Guilford Dudley and William O. Ewing for damages for an alleged conversion of a life-insurance policy. Judgment for plaintiff. Defendants bring the case to this court.
1Opinion of the Court
The opinion of the court was delivered by
Gilkeson, P. J.:
At the threshold of our examination we are met with an objection to a review of the errors alleged in this action, for the reason that “the record does not affirmatively show that the motion for a new trial was filed at the term the verdict was rendered, and for this reason it must be presumed that the motion was overruled because not filed in time.” Paragraph 4403, General Statutes of 1889, (§ 308, Code,) provides:
“ The application for a new trial must be made at the term the verdict, report or decision is rendered; and, except for the…
2Cases cited2 opinions
- Earls v. EarlsSupreme Court of Kansas · 1882
- Hover v. TenneySupreme Court of Kansas · 1882
3Cited by6 opinions
- Hadley v. BerneroMissouri Court of Appeals · 1902
- Lapoint v. SageSupreme Court of Vermont · 1916
- Joseph Schlitz Brewing Co. v. DuncanCourt of Appeals of Kansas · 1897
- Bank of Topeka v. MillerSupreme Court of Kansas · 1898
- Barber Asphalt Paving Co. v. City of TopekaCourt of Appeals of Kansas · 1897
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