Union Park Land Co. v. Muret
Supreme Court of Kansas
Error from Cowley District Court. ITon. M. Q. Troup, Judge. This action was brought by George P. Muret against the Union Park Land Company and L. E. Holcomb.
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Error from Cowley District Court. ITon. M. Q. Troup, Judge. This action was brought by George P. Muret against the Union Park Land Company and L. E. Holcomb. In his petition the plaintiff alleged that, on the 19th of March, 1887, Albert H. Connelly executed his promissory note to the plaintiff for $14,482.50 with interest at 10 per cent. ; that, to secure the payment of the same, Connelly and wife executed a mortgage on certain lands described in the petition ; that Connelly having failed to pay the note, the plaintiff, on the 7th of April, 1888, commenced an action against him and his wife…
1Opinion of the CourtAllen, J.
There was no trial of any issue of fact in the District Court, but judgment was rendered on the pleadings. Any error appearing in this judgment could have been reviewed without a motion for a new trial. Land and Cattle Co. v. Daly., 46 Kan. 504; Ritchie v. K. N. & D. Rly. Co., 55 id. 36; Water-Supply Co. v. Dodge City, 55 id. 60. At the time judgment was rendered no extension of time was allowed for making and serving a case. As no extension was allowed within three days after the judgment complained of was rendered, and as a motion for a new trial was entirely unnecessary, the order granting…
2Cases cited2 opinions
- Ætna Life Insurance v. KoonsSupreme Court of Kansas · 1881
- Columbia Land & Cattle Co v. DalySupreme Court of Kansas · 1891
3Cited by8 opinions
- Wagner v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
- Springfield Fire & Marine Ins. v. Gish, Brook & Co.Supreme Court of Oklahoma · 1909
- Clapper v. Putnam Co.Supreme Court of Oklahoma · 1916
- Gardner v. PereboomSupreme Court of Kansas · 1965
- Minnetonka Oil Co. v. Cleveland Vitrified Brick Co.Supreme Court of Oklahoma · 1915
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