Venable v. Ebenezer Baptist Church of Atchison
Supreme Court of Kansas
Error from, Atehison District Court. ActioN brought by the Ebenezer Baptist Church, of the ■city of Atchison, against Venable and five others, to quiet the .title to the south one hundred feet of lots 8 and 9, in block 5, in the city aforesaid. Trial at the February Term, 1879,, of the district court, and judgment for the plaintiff. The defendants bring the case here. The facts appear in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
YalentiNE, J.:
This action was begun on Sunday;, but the defendants, without ever raising any question or making any objection concerning the irregular commencement of the action, voluntarily appeared in the case, filed answers setting forth various defenses, went to trial upon the' merits of the case, introduced evidence, made a motion for a new trial, and then brought the case to this court on petition in error, and then, for the first time and in this court, raised such question and made such objection. We think they are-too late. They should have…
2Cases cited2 opinions
- Hubbard v. German Catholic CongregationSupreme Court of Iowa · 1871
- Hamblett v. BennettMassachusetts Supreme Judicial Court · 1863
3Cited by8 opinions
- Bear v. HeasleyMichigan Supreme Court · 1893
- Board of Trustees v. Mount Carmel Community Cemetery Ass'nSupreme Court of Kansas · 1940
- Clark v. GrantSupreme Court of Oklahoma · 1910
- Philomath College v. WyattOregon Supreme Court · 1893
- Russian-Serbian Holy Trinity Orthodox Church v. KulikSupreme Court of Minnesota · 1938
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