Howard v. Howard
Supreme Court of Kansas
Error from Atchison District Court. ■ This was a proceeding to review the rulings of the district court in two cases which were tried together, and which had for their purpose the determination of the rights of the respective parties in a tract of real estate in Atchison county.
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Error from Atchison District Court. ■ This was a proceeding to review the rulings of the district court in two cases which were tried together, and which had for their purpose the determination of the rights of the respective parties in a tract of real estate in Atchison county. The case was submitted to the court upon the testimony offered in behalf of the respective parties, and on June 13, 1889, the court announced its decision orally upon the facts and law of the case in open court, which was in favor of Salome C. Howard. As written findings and conclusions were desired, the court…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
By the stipulation of the parties, two cases which raised substantially the same issues were merged and tried as one action. The rulings of the court upon preliminary questions in the first of these, known as the Clark case, have thereby become immaterial, and no error .can be predicated thereon. The question so much argued by counsel for plaintiff as to the inconsistencies in defendant’s testimony, and as to where the preponderance is, cannot be considered in this court. We cannot weigh the conflicting evidence introduced, nor go further…
2Cases cited2 opinions
- Marsh v. DavisSupreme Court of Kansas · 1885
- Kennedy v. TaylorSupreme Court of Kansas · 1878
3Cited by12 opinions
- State v. Von KleinOregon Supreme Court · 1914
- City of Overland Park v. CunninghamSupreme Court of Kansas · 1993
- Tiger v. LozierSupreme Court of Oklahoma · 1927
- Exchange Trust Co. v. GodfreySupreme Court of Oklahoma · 1927
- Mechanics' Savings Bank v. HardingSupreme Court of Kansas · 1902
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