Reports of Cases Decided in the Courts of Appeals of the State of Kansas Volume 6

Reports of Cases Decided in the Courts of Appeals of the State of Kansas Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...Heiser, for plaintiff in error. David Overmyer, for defendant in error. DENNISON, P. J. This action was commenced in the District Court of Osage County, Kansas, by C. E. Kirby against Geo. W. Markley, plaintiff alleging that he had been damaged in the sum of ten thousand dollars because of a malicious prosecution which had been instituted against him by Markley. The case was tried before the court and a jury. The jury returned a verdict against the defendant, Markley, in the sum of eight hundred dollars, and the court rendered judgment thereon. Markley commenced proceedings in error in the Supreme Court on January 3, 1893, by filing therein his petition in error and case-made. On July 31, 1895, the case was filed in this court, having been transferred from the Supreme Court. The counsel for defendant in error contends that this L Juflsmcuon 0, case should be dismissed because the, "_.', '.1, i', ', "', ', '., ', '""' record contains no order of the Supreme """' Court certifying said case to this court, nor any order of the Supreme Court requiring this court to notify the parties of the transfer. There is no claim that the usual certificate and order have not been made by the Supreme Court. The only contention is that they are not contained in the record. We are not advised as to what counsel intends by the use of the word " record "'--wlietl1ei-he uses it in its technical sense, or whether he uses it to mean the petition in error and case-made or transcript. It is probable that we ought to presume that he uses it in its technical and strictly legal sense. To do this he must mean that the certificate and order are not among the files of the more

Product details

  • Paperback | 290 pages
  • 189 x 246 x 15mm | 522g
  • United States
  • English
  • black & white illustrations
  • 1236810511
  • 9781236810519