Busenbark v. Park
Court of Appeals of Kansas
Error from Atchison District Court. Hon. Robert M. Eaton, Judge. This case was originally before the Court of Appeals in December, 1896, and the opinion then rendered will be found in 5 Kansas Appeals, page 17. October 4, 1894, after the commencement of this proceeding in error, Peter Busenbark, a defendant below and also upon error, died.
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Error from Atchison District Court. Hon. Robert M. Eaton, Judge. This case was originally before the Court of Appeals in December, 1896, and the opinion then rendered will be found in 5 Kansas Appeals, page 17. October 4, 1894, after the commencement of this proceeding in error, Peter Busenbark, a defendant below and also upon error, died. A motion to dismiss the proceeding in error was made by defendant in error Park, for the reason that no revivor had been had within a year after his death against Peter Busenbark’s personal representatives. This motion was resisted on the ground that Peter…
1Opinion of the CourtMahan, P. J.
The consideration of this case, upon rehearing,- should be limited to the questions presented by the petition upon which the rehearing was allowed. There was a motion to dismiss this proceeding in error for want of a timely revivor as to necessary parties, which the court in its former opinion, in effect, overruled, deciding the case apparently upon its merits.
The only question demanding our serious consideration upon this rehearing, is the refusal of the court below to allow the defendants a jury. Upon a careful examination of the record, it is apparent that, although the action is in form…
2Cases cited2 opinions
- Bradley v. ParkhurstSupreme Court of Kansas · 1878
- Clemenson v. ChandlerSupreme Court of Kansas · 1868
3Cited by3 opinions
- City of Osawatomie v. SlaymanSupreme Court of Kansas · 1958
- Park v. BusenbarkSupreme Court of Kansas · 1898
- Upjohn v. MooreWyoming Supreme Court · 1932