Higby v. Ayres
Supreme Court of Kansas
Error from Labette Disti'ict Court. Higby, a grocer, doing business at the city of Chetopa, on the 13th of November 1872 made assignment to D. J.Loolen, of “ all the lands and all the personal property of every name and nature whatsoever,” belonging to said Higby.
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Error from Labette Disti'ict Court. Higby, a grocer, doing business at the city of Chetopa, on the 13th of November 1872 made assignment to D. J.Loolen, of “ all the lands and all the personal property of every name and nature whatsoever,” belonging to said Higby. Said assignment was specified in the deed to be made— “Upon the following trust, viz., to take possession of said lands and personal property, and sell the said lands and personal property upon such terms as in his judgment may appear best for all parties concerned, and hold the proceeds of all sales for distribution among all the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
1. Power and authority pro tem. judge, The laws of Kansas provide for such an officer as a judge pro tem. of the district court. (Constitution, article 3, § 20; Gen. Stat., 304, §§ 4 to 8.) And hence, whenever it appears from the record of a case that the action was tried before such a judge it will be presumed, in the absence of anything to the contrary, that such judge had the requisite authority to hear and determine the case. The district court of Kansas being a court of general and superior jurisdiction, all presumptions, in the…
2Cases cited4 opinions
- Hunter's Adm'r v. Ferguson's Adm'rSupreme Court of Kansas · 1874
- Seibert v. ThompsonSupreme Court of Kansas · 1871
- Rose v. MaddenSupreme Court of Kansas · 1863
- Points v. JacobiaSupreme Court of Kansas · 1873
3Cited by16 opinions
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- Olathe Hospital Foundation, Inc. v. Extendicare, Inc.Supreme Court of Kansas · 1975
- Kelly v. RoetzelSupreme Court of Oklahoma · 1917
- Baker v. L. C. Van Ness & Co.Supreme Court of Oklahoma · 1909
- Roberts v. StateSupreme Court of Alabama · 1899
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