City of Topeka v. Pleasant Smelser
Court of Appeals of Kansas
Error from Shawnee Circuit Court. Hon. J. B. Johnson, Judge. In this action, brought against the City of Topeka to recover damages for injuries resulting from negligence, a verdict had been rendered for the City, but the court below had granted a new trial, and, excepting to the order granting a new trial, the City had filed in the Supreme Court a petition in error, which was pending there when, at a subsequent term of the court below, the case again came to trial in April,…
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Error from Shawnee Circuit Court. Hon. J. B. Johnson, Judge. In this action, brought against the City of Topeka to recover damages for injuries resulting from negligence, a verdict had been rendered for the City, but the court below had granted a new trial, and, excepting to the order granting a new trial, the City had filed in the Supreme Court a petition in error, which was pending there when, at a subsequent term of the court below, the case again came to trial in April, 1892. The City filed its motion for a continuance until the final determination of the proceeding in error in the…
1Opinion of the CourtWells, J.
The only question presented for our consideration by the brief of the plaintiff in error is, that the court erred in proceeding with the trial of this cause in the court below while the petition in error was pending in the Supreme Court to reverse the order sustaining the motion for a new trial after the first trial of this cause.
On the part of the defendant in error, we are met by an objection to a review of the action of the court in overruling the motion for a continuance because, as it is claimed, that error is not sufficiently alleged in the petition in error.
The seventh assignment of…
2Cases cited2 opinions
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1886
- Standard Implement Co. v. StevensSupreme Court of Kansas · 1893
3Cited by3 opinions
- State v. HessSupreme Court of Kansas · 1956
- State Ex Rel. Hogan v. District Court of Thirteenth Judicial Dist.Supreme Court of Oklahoma · 1910
- Hoskins v. PeakSupreme Court of Oklahoma · 1924