Bowen v. Wilson, 19,037

CourtUnited States State Supreme Court of Kansas
Writing for the CourtPORTER, J.
Citation144 P. 251,93 Kan. 351
PartiesLEWIS N. BOWEN, Appellant, v. CHARLES F. WILSON, Appellee
Decision Date14 November 1914
Docket Number19,037

144 P. 251

93 Kan. 351

LEWIS N. BOWEN, Appellant,
v.

CHARLES F. WILSON, Appellee

No. 19,037

Supreme Court of Kansas

November 14, 1914


Decided, July, 1914.

Appeal from Stafford district court; DANIEL A. BANTA, judge.

Cause dismissed.

SYLLABUS

SYLLABUS BY THE COURT.

1. APPEAL--On Question of Law Only--Motion for New Trial Unnecessary. Where the only error complained of is the overruling of a motion to dismiss an appeal from the probate court upon facts which are not disputed, the filing of a motion for a new trial is unnecessary, and can not serve the purpose of extending the time to appeal.

2. SAME--No Vested Right to an Appeal. There is no vested right to an appeal, and the legislature may take away from the defeated party the privilege before his appeal has been perfected. (Kansas City v. Dore, 75 Kan. 23, 88 P. 539.)

3. SAME--Appeal to Supreme Court Taken Too Late. When the judgment appealed from was rendered, October 15, 1912, the defeated party had one year in which to appeal to the supreme court. Chapter 241 of the Laws of 1913, limiting the time to six months, took effect July 1, 1913. Held, that an appeal taken more than six months from the date of the rendition of the judgment appealed from is too late.

Paul R. Nagle, of St. John, for the appellant.

C. M. Williams, of Hutchinson, for the appellee.

OPINION

[93 Kan. 352] PORTER, J.

The proceeding originated in the probate court, and was appealed to the district court. The appellant here, who was the appellee there, filed a motion to dismiss the appeal, which was overruled, and this is the order we are asked to review. The cause was tried on its merits and finally disposed of October 15, 1912. The appeal to this court was taken on September 6, 1913. The appellee has filed a motion to dismiss the cause, and the motion must be sustained. The facts upon which the trial court overruled the motion to dismiss the appeal from the probate court were not disputed, and the ruling was upon a question of law only, so that no motion for a new trial in the district court was necessary to have a review of the order. (Wagner v. Railway Co., 73 Kan. 283, 85 P. 299; Nichols v. Trueman, 80 Kan. 89, 101 P. 633.) The time in which the appellant could appeal commenced when the cause was finally disposed of. ( McIntosh v. Wheeler, 58 Kan. 324, 49 P. 77.) He could not extend the time by the filing of an unnecessary motion for a new trial. (Ritchie v. K. N. & D. Rly. Co., 55...

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14 practice notes
  • Resolution Trust Corp. v. Fleischer, No. 72429
    • United States
    • United States State Supreme Court of Kansas
    • March 17, 1995
    ...981, 74 P.2d 142 (1937) (residents have no vested right to insist on continuation[257 Kan. 366] of city street name); Bowen v. Wilson, 93 Kan. 351, 353, 144 P. 251 (1914) (no vested right of appeal); Wheelock v. Myers, 64 Kan. 47, 51, 67 P. 632 (1902) (no vested right in a rule of As the di......
  • In re Garden City Medical Clinic, P.A., No. 93,091.
    • United States
    • Court of Appeals of Kansas
    • July 14, 2006
    ...Brown v. City of Topeka, 146 Kan. 974, 74 P.2d 142 (1937) (involved the claimed right to an existing street name); Bowen v. Wilson, 93 Kan. 351, 144 P. 251 (1914) (involved the claimed right to an appeal); Wheelock v. Myers, 64 Kan. 47, 67 P. 632 (1902) (involved the claimed right to an exi......
  • Schubach v. Hammer, 25,253
    • United States
    • United States State Supreme Court of Kansas
    • February 7, 1925
    ...applies when the facts are agreed to (Nichols v. Trueman, 80 Kan. 89, 101 P. 633), or are not disputed [232 P. 1042] (Bowen v. Wilson, 93 Kan. 351, 144 P. 251). In none of these instances is a motion for a new trial either necessary or proper. The remedy of the defeated party is by appeal. ......
  • Olathe Community Hosp. v. Kansas Corp. Com'n, No. 54899
    • United States
    • United States State Supreme Court of Kansas
    • October 22, 1982
    ...from this court: Coal Co. v. Barber, 47 Kan. 29, 27 P. 114 (1891); Kansas City v. Dore, 75 Kan. 23, 88 P. 539 (1907); and Bowen v. Wilson, 93 Kan. 351, 144 P. 251 (1914), while the respondents rely upon Harder v. Towns, 1 Kan.App.2d 667, 573 P.2d 625 (1977). None of the cases is directly in......
  • Request a trial to view additional results
14 cases
  • Resolution Trust Corp. v. Fleischer, No. 72429
    • United States
    • United States State Supreme Court of Kansas
    • March 17, 1995
    ...981, 74 P.2d 142 (1937) (residents have no vested right to insist on continuation[257 Kan. 366] of city street name); Bowen v. Wilson, 93 Kan. 351, 353, 144 P. 251 (1914) (no vested right of appeal); Wheelock v. Myers, 64 Kan. 47, 51, 67 P. 632 (1902) (no vested right in a rule of As the di......
  • In re Garden City Medical Clinic, P.A., No. 93,091.
    • United States
    • Court of Appeals of Kansas
    • July 14, 2006
    ...Brown v. City of Topeka, 146 Kan. 974, 74 P.2d 142 (1937) (involved the claimed right to an existing street name); Bowen v. Wilson, 93 Kan. 351, 144 P. 251 (1914) (involved the claimed right to an appeal); Wheelock v. Myers, 64 Kan. 47, 67 P. 632 (1902) (involved the claimed right to an exi......
  • Schubach v. Hammer, 25,253
    • United States
    • United States State Supreme Court of Kansas
    • February 7, 1925
    ...applies when the facts are agreed to (Nichols v. Trueman, 80 Kan. 89, 101 P. 633), or are not disputed [232 P. 1042] (Bowen v. Wilson, 93 Kan. 351, 144 P. 251). In none of these instances is a motion for a new trial either necessary or proper. The remedy of the defeated party is by appeal. ......
  • Olathe Community Hosp. v. Kansas Corp. Com'n, No. 54899
    • United States
    • United States State Supreme Court of Kansas
    • October 22, 1982
    ...from this court: Coal Co. v. Barber, 47 Kan. 29, 27 P. 114 (1891); Kansas City v. Dore, 75 Kan. 23, 88 P. 539 (1907); and Bowen v. Wilson, 93 Kan. 351, 144 P. 251 (1914), while the respondents rely upon Harder v. Towns, 1 Kan.App.2d 667, 573 P.2d 625 (1977). None of the cases is directly in......
  • Request a trial to view additional results

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