Board of Com'rs of Jackson County v. Denison State Bank
| Decision Date | 06 March 1943 |
| Docket Number | 35801. |
| Citation | 134 P.2d 657,156 Kan. 585 |
| Parties | BOARD OF COM'RS OF JACKSON COUNTY v. DENISON STATE BANK. |
| Court | Kansas Supreme Court |
Syllabus by the Court.
Where all the facts were stipulated by parties and submitted to trial court for judgment, court's only function was to determine questions of law, and hence no trial errors could have been committed that would make a motion for new trial necessary or proper.
Where all the facts were stipulated by parties and submitted to trial court for judgment, motion for new trial was tantamount only to a request to trial court to examine its rulings on questions of law.
Where all the facts were stipulated by parties and submitted to trial court for judgment, a motion for new trial was addressed solely to discretion of trial court, and ruling on such motion was not an "appealable order" and presented nothing for appellate review without an appeal from judgment itself.
1. Where all the facts in an action are stipulated by the parties and submitted to the trial court for judgment, the only function of the court is to determine questions of law. Under such circumstances no trial errors are committed which make a motion for a new trial necessary or proper.
2. A motion for a new trial, under circumstances stated in the previous paragraph, is tantamount only to a request to the trial court to re-examine its rulings on questions of law. The motion is addressed solely to the discretion of the court and an appeal from an order overruling the motion, without an appeal from the judgment itself, is not an appealable order and presents nothing for appellate review.
Appeal from District Court, Jackson County; Lloyde Morris, Judge.
Action by the Board of County Commissioners of Jackson County Kansas, against Fred Gordon, for the purpose of marshaling defendant's personalty, determining priority of various claimed liens thereon, and obtaining proper distribution to lien claimants of proceeds of property sold at sheriff's sale. Property upon which the Denison State Bank held a chattel mortgage and later obtained a bill of sale as security for its loan was levied upon pursuant to a tax warrant issued on behalf of State Commission of Revenue and Taxation for unpaid sales taxes, and also by virtue of tax warrants of Jackson County to collect unpaid personal property taxes. National Cash Register Company and other lien claimants were made parties defendant and filed answers and cross-petitions claiming priority of liens on specific articles of personalty upon which levies had been made. Most of the claims for priority of liens were denied, and from judgment overruling its motion for a new trial, the Denison State Bank appeals, and the State Commission of Revenue and Taxation moves to dismiss the appeal.
Appeal dismissed.
Albert M. Cole, of Holton, for appellant.
James D. Dye, of Ottawa, for appellee Commission of Revenue and Taxation.
This action was instituted by The Board of County Commissioners of Jackson County against Fred Gordon, who was delinquent in the payment of his personal property taxes, for the purpose of marshalling his personalty,...
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