Bank of Topeka v. Miller
Supreme Court of Kansas
Error from the Court of Appeals, Northern Department. Action by John G. Miller & Co', against Wolfe & Son, A. H. Vance, D. A. Harvey, J. T. Clark, the Bank of Topeka and the Central National Bank of Topeka, to recover two lots of merchandise alleged to have been converted by the defendants.
Read the full summary
Error from the Court of Appeals, Northern Department. Action by John G. Miller & Co', against Wolfe & Son, A. H. Vance, D. A. Harvey, J. T. Clark, the Bank of Topeka and the Central National Bank of Topeka, to recover two lots of merchandise alleged to have been converted by the defendants. The petition alleged the sale of goods by Miller & Co. to Wolfe & Son, who were engaged in business in Guthrie and Oklahoma City, in Oklahoma, upon representations of the latter as to their credit, which were untrue, and that relying on these representations they sold goods to Wolfe & Son of the value of…
1Opinion of the CourtJohnston, J.
1. Discretionary brings^viiit errors. A preliminary question is raised as to the limits or extent of the review that may be had in cases coming to this court by discretionary certification. No limits are fixed by the statute authorizing certification or by the rule of court pro-J viding the methods of procedure in such cases. On the other hand, the statute in effect provides that when cases are brought to the Su*748preme Court in that way, it has the same power and authority in reviewing and determining them that it would have had if such cases had been carried to the Supreme Court in the first…
2Cases cited4 opinions
- Metropolitan Street Railway Co. v. McClureSupreme Court of Kansas · 1897
- American National Bank v. PresnallSupreme Court of Kansas · 1897
- Dudley v. BarneyCourt of Appeals of Kansas · 1896
- Shoemaker v. St. Louis & San Francisco Railway Co.Supreme Court of Kansas · 1883
3Cited by4 opinions
- City of Kansas v. KimballSupreme Court of Kansas · 1899
- Francis v. BrockSupreme Court of Kansas · 1909
- St. Louis & San Francisco Railroad v. GastonSupreme Court of Kansas · 1903
- Wood v. Union Pacific RailroadSupreme Court of Kansas · 1913