Smith v. Gill
Supreme Court of Kansas
Error from Cherokee District Court. Smith and another sued Gill and wife to recover for the value of certain lumber and other materials used in the construction of a dwelling-house built for defendants in the city of Baxter Springs, and foreclose a lien on said dwelling-house for the sum so claimed. The court below gave judgment at the February Term 1872 in favor of defendants, and plaintiffs bring the case here.
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Error from Cherokee District Court. Smith and another sued Gill and wife to recover for the value of certain lumber and other materials used in the construction of a dwelling-house built for defendants in the city of Baxter Springs, and foreclose a lien on said dwelling-house for the sum so claimed. The court below gave judgment at the February Term 1872 in favor of defendants, and plaintiffs bring the case here. The error assigned is, that the judgment is contrary to the evidence.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The only error alleged in this case is, that upon the evidence, the judgment should have been rendered for the plaintiffs in error. But as the bill of exceptions fails to show that it contains all the evidence offered on the trial, it is impossible for us to say that the judgment was against the weight of evidence, or rendered in favor of the wrong *75party. This matter is well settled in this court: Western Mass. Ins. Co. v. Duffy, 2 Kas., 347; Cooper v. Armstrong, 4 Kas., 30; McGrew v. Armstrong, 5 Kas., 284; Topeka v. Tuttle, 5 Kas., 323;…
2Cases cited5 opinions
- Western Massachusetts Insurance v. DuffeySupreme Court of Kansas · 1864
- City of Topeka v. TuttleSupreme Court of Kansas · 1870
- Cooper v. ArmstrongSupreme Court of Kansas · 1865
- Hale v. Republican River Bridge Co.Supreme Court of Kansas · 1871
- McGrew v. ArmstrongSupreme Court of Kansas · 1870
3Cited by2 opinions
- Carnahan v. GustineSupreme Court of Oklahoma · 1894
- Berry Bros. v. Hill, Fontaine & Co.Supreme Court of Oklahoma · 1894