Savage v. Challiss
Supreme Court of Kansas
Error from Atchison County. This action was "brought August '29th, 1866, "by plaintiff in error, against defendants in error, on a note and mortgage for $24,000, made "by defendant, Challiss, to defendant, Hamilton, which were alleged to have been transferred to plaintiff for value before maturity.
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Error from Atchison County. This action was "brought August '29th, 1866, "by plaintiff in error, against defendants in error, on a note and mortgage for $24,000, made "by defendant, Challiss, to defendant, Hamilton, which were alleged to have been transferred to plaintiff for value before maturity. Challiss filed his answer December 23,1866, containing as defenses, averments, growing out of a copartnership and transactions transpiring between himself and his co-defendant, before the transfer of the note and mortgage. To this answer plaintiff replied, January 27th, 1867. The case was continued…
1Opinion of the Court
*324By the Court,
Safford, J.
In this case there has, as yet, been no final trial and judgment, but it stands for hearing upon an order of reference, made by the court below upon motion of defendant, Challiss, and, as it is claimed, in pursuance of article 4, chapter 2, title 9, of the civil code. The plaintiff, here and below, objected to such reference, and now seeks to have this court vacate the order making it. We are of the opinion that this order, even if it were erroneous, is not a matter for review, at least until a final judgment has been reached in this case. It does not come within the…
Also in this document: Concurrence.
2Cited by7 opinions
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- Sheldon v. Board of EducationSupreme Court of Kansas · 1931
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- Adams v. WebbSupreme Court of Oklahoma · 1924
- Hailey v. BowmanSupreme Court of Oklahoma · 1913
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