Ritchie v. Kansas, Nebraska & Dakota Railway Co.
Supreme Court of Kansas
Error from Shawnee District Court. This action was brought by Ifannah Ritchie, Hale Ritchie, and John Ritchie, as heirs at law of John Ritchie, deceased, against The Kansas, Nebraska & Dakota Railway Company and the Missouri Pacific Railway Company to recover a part of section 6, township 12, range 16, in Shawnee county. The answer was a general denial. A jury was waived, and the case was tried by the court.
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Error from Shawnee District Court. This action was brought by Ifannah Ritchie, Hale Ritchie, and John Ritchie, as heirs at law of John Ritchie, deceased, against The Kansas, Nebraska & Dakota Railway Company and the Missouri Pacific Railway Company to recover a part of section 6, township 12, range 16, in Shawnee county. The answer was a general denial. A jury was waived, and the case was tried by the court. At the request of the parties, the conclusions of fact and of law were separately stated, and are very voluminous. It appears that a deed, dated April 7, 1886, and acknowledged on the…
1Opinion of the Court
The opinion of the court was delivered by
AlleN, J. :
The record in this case fails to show that the motion for a new trial was filed within three days after the rendition of the judgment. The recital in the record is as follows: ‘‘Afterwards, to wit, on the — day of-, 1890, said plaintiffs filed herein their motion for a new trial of this cause, which motion is in the words and figures following, to wit.” We therefore are not at liberty to examine the record for the purpose of determining such question as could only be raised on a motion for a new trial. (Deford v. Orvis, 52 Kas. 432; City of…
2Cases cited18 opinions
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Nesbit v. HinesSupreme Court of Kansas · 1876
- Horner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Richter v. RichterIndiana Supreme Court · 1887
- Indianapolis, Peru & Chicago R. W. Co. v. HoodIndiana Supreme Court · 1879
13 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- State ex rel. Hopkins v. Southwestern Bell Telephone Co.Supreme Court of Kansas · 1924
- Wagner v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
- Board of County Commissioners of Garfield v. PorterSupreme Court of Oklahoma · 1907
- Rose v. Lanyon Zinc Co.Supreme Court of Kansas · 1903
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
43 more not listed; retrieve them via the Exa API.