Binns v. Adams

CourtUnited States State Supreme Court of Kansas
Writing for the CourtPER CURIAM.
Citation54 Kan. 615,38 P. 792
Decision Date01 January 1895
PartiesZ. E. BINNS v. J. J. ADAMS et al

38 P. 792

54 Kan. 615

Z. E. BINNS
v.
J. J. ADAMS et al

Supreme Court of Kansas

January 1, 1895


Error from Chautauqua District Court.

ACTION by Binns against Adams and another. Plaintiff brings here for review a judgment in favor of defendants. A sufficient statement of the case is contained in the opinion herein, filed January 5, 1895.

Judgment affirmed.

J. D. McBrian, for plaintiff in error.

Asp, Shartel & Cottingham, for defendants in error.

OPINION

[54 Kan. 616] PER CURIAM.

The only errors complained of in the petition in error relate to matters on the trial for which a new trial was prayed for. The action of the trial court in overruling the motion for a new trial is not assigned for error; therefore no question is properly raised in this court for our consideration. ( Carson v. Funk, 27 Kan. 524; Clark v. Schnur, 40 id. 72; City of McPherson v. Manning, 43 id. 129.) The judgment of the district court will be affirmed.

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4 practice notes
  • The Coffeyville Gas Company v. Dooley, 14,466
    • United States
    • United States State Supreme Court of Kansas
    • February 10, 1906
    ...[84 P. 720] Bank v. Jaffray,, 41 Kan. 691, 19 P. 626; Carson v. Funk, 27 Kan. 524; Clark v. Schnur, 40 Kan. 72, 19 P. 327; Binns v. Adams, 54 Kan. 615, 38 P. 792; Cogshall v. Spurry, 47 Kan. 448, 28 P. 154; City of McPherson v. Manning, 43 Kan. 129, 23 P. 109.) The errors assigned raise que......
  • Beall v. Mut. Life Ins. Co. of N.Y.
    • United States
    • Supreme Court of Oklahoma
    • July 30, 1898
    ...and acted upon by the trial court, and its ruling excepted to, and afterwards assigned for error in the supreme court. ( Binns v. Adams, 54 Kan. 615, 38 P. 792; Clark v. Schnur, 40 Kan. 72, 19, 19 P. 327 P. 327; Cogshall v. Spurry, 47 Kan. 448, 28 P. 154; Carson v. Funk, 27 Kan. 524.) No av......
  • Yerkes v. McGuire
    • United States
    • United States State Supreme Court of Kansas
    • January 1, 1895
    ...and garnishment proceedings were thereupon instituted against C. M. Shimeall, M. F. Brown, and H. Evans, each of whom returned an answer [54 Kan. 615] showing indebtedness to J. V. Farwell & Co. Thereupon the plaintiff moved for judgment against the garnishees on their answers. This motion ......
  • Perry v. Wheeler, 12,514
    • United States
    • United States State Supreme Court of Kansas
    • December 7, 1901
    ...in error as one of the errors complained of. By this omission all of the errors occurring at the trial are waived. (Binns v. Adams, 54 Kan. 615, 38 P. 792.) We may not consider, therefore, any errors except such as would have come to us by a transcript of the papers in the case. It is urged......
4 cases
  • The Coffeyville Gas Company v. Dooley, 14,466
    • United States
    • United States State Supreme Court of Kansas
    • February 10, 1906
    ...[84 P. 720] Bank v. Jaffray,, 41 Kan. 691, 19 P. 626; Carson v. Funk, 27 Kan. 524; Clark v. Schnur, 40 Kan. 72, 19 P. 327; Binns v. Adams, 54 Kan. 615, 38 P. 792; Cogshall v. Spurry, 47 Kan. 448, 28 P. 154; City of McPherson v. Manning, 43 Kan. 129, 23 P. 109.) The errors assigned raise que......
  • Beall v. Mut. Life Ins. Co. of N.Y.
    • United States
    • Supreme Court of Oklahoma
    • July 30, 1898
    ...and acted upon by the trial court, and its ruling excepted to, and afterwards assigned for error in the supreme court. ( Binns v. Adams, 54 Kan. 615, 38 P. 792; Clark v. Schnur, 40 Kan. 72, 19, 19 P. 327 P. 327; Cogshall v. Spurry, 47 Kan. 448, 28 P. 154; Carson v. Funk, 27 Kan. 524.) No av......
  • Yerkes v. McGuire
    • United States
    • United States State Supreme Court of Kansas
    • January 1, 1895
    ...and garnishment proceedings were thereupon instituted against C. M. Shimeall, M. F. Brown, and H. Evans, each of whom returned an answer [54 Kan. 615] showing indebtedness to J. V. Farwell & Co. Thereupon the plaintiff moved for judgment against the garnishees on their answers. This motion ......
  • Perry v. Wheeler, 12,514
    • United States
    • United States State Supreme Court of Kansas
    • December 7, 1901
    ...in error as one of the errors complained of. By this omission all of the errors occurring at the trial are waived. (Binns v. Adams, 54 Kan. 615, 38 P. 792.) We may not consider, therefore, any errors except such as would have come to us by a transcript of the papers in the case. It is urged......

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