DeLong v. Stahl
Supreme Court of Kansas
Error from Montgomery District Oovjrt. Action by Stahl against DeLong, as mayor of the city of . Independence, and one Wm. Mott, to set aside a certain deed executed by DeLong, as mayor, to said Mott. The questions decided in this court are upon points of practice with respect to reports and proceedings of referees, and as to these questions the opinion states all necessary facts and proceedings.
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Error from Montgomery District Oovjrt. Action by Stahl against DeLong, as mayor of the city of . Independence, and one Wm. Mott, to set aside a certain deed executed by DeLong, as mayor, to said Mott. The questions decided in this court are upon points of practice with respect to reports and proceedings of referees, and as to these questions the opinion states all necessary facts and proceedings. The report of the referee, G. C., was in favor of Stahl, and the district court, at the August Term 1873, confirmed said report and gave judgment thereon in favor of Stahl, and DeLong and Mott bring…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The issues in this case were at the December Term 1872, of the district court of Montgomery county, referred to a single referee, with instructions to report his determination ten days before the beginning of the next term. No report was filed within the time named, 'but one was filed on the last day of that next term. This report is dated of the day it was filed. There is nothing in it to show when the trial before the referee was completed, or his decision rendered. And if you are to look at the affidavits filed on the motion to set it…
2Cases cited3 opinions
- Ryan v. DoughertyCalifornia Supreme Court · 1866
- Smith v. WarnerMichigan Supreme Court · 1866
- Francis v. AmesIndiana Supreme Court · 1860
3Cited by11 opinions
- First Nat. Bank of Shawnee v. Oklahoma Nat. Bank of ShawneeSupreme Court of Oklahoma · 1911
- Dietrichs v. Lincoln & Northwestern R. R.Nebraska Supreme Court · 1882
- Goodale v. CaseSupreme Court of Iowa · 1887
- In Re Abrams and BrennanCalifornia Court of Appeal · 1905
- Perkins v. Roberts CountySouth Dakota Supreme Court · 1911
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