Clark v. Schnur

CourtUnited States State Supreme Court of Kansas
Writing for the CourtSIMPSON, C.:
Citation19 P. 327,40 Kan. 72
PartiesLUCINDA CLARK v. AMANDA SCHNUR et al
Decision Date06 October 1888

19 P. 327

40 Kan. 72

LUCINDA CLARK
v.
AMANDA SCHNUR et al

Supreme Court of Kansas

October 6, 1888


Error from Shawnee Superior Court.

EJECTMENT. Judgment for plaintiffs Schnur and another, at the January term, 1886. The defendant Clark brings the case here.

Judgment affirmed.

Brayman & Stevens, for plaintiff in error.

D. E. Sowers, and G. N. Elliott, for defendants in error.

SIMPSON, C. All the Justices concurring.

OPINION

SIMPSON, C.:

The assignments of error in this case are as follows:

1. The court erred in its instructions given to the jury on the trial of the action.

2. The court erred in admitting certain evidence of the plaintiff, to which the defendant objected.

3. The court erred in ruling out the evidence of Israel Zimmerman and Susannah L. Zimmerman, offered by Lucinda Clark on the trial of the action, over the objection of the said Lucinda Clark, to which ruling she excepted at the time.

4. The judgment was given for Amanda Schnur and Alma J. Proctor, when it ought to have been given for Lucinda Clark, according to the law of the land.

It will be noted that the assignment of such errors is in all cases a ground for a new trial, and it will be especially noted that the action of the court in overruling the motion for a new trial is not assigned for error. This brings the case within the operation of the rule announced in Carson v. Funk, 27 Kan. 524. It is expressly held in that case that "where, in an assignment of errors, the only errors complained of relate [40 Kan. 73] to matters occurring in the trial for which a new trial was prayed, but the action of the court in overruling the motion is not assigned for error, no question is properly raised in this court." On the trial of this cause below, a motion for a new trial was filed, for several reasons:

"1. For irregularities preventing the defendant from having a fair trial herein.

"2. The verdict was contrary to the law of the case.

"3. The verdict was contrary to the evidence in the case.

"4. For errors of law occurring at the trial, and excepted to by the defendant at the time."

This motion was overruled, and all exceptions saved, but it is not assigned as error in the petition in error.

In this court the sole contention has been concerning the exclusion of most of the depositions of Zimmerman and wife, and their competency as witnesses, and no other errors have been strongly insisted upon, or indeed urged. The question...

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10 practice notes
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...7 Okla. 259; Crawford v. Kansas City, 45 Kan. 474; McPherson v. Manning, 43 Kan. 129; Landauer v. Hoagland, 41 Kan. 520; Clark v. Schnur, 40 Kan. 72; Carson v. Frink, 27 Kan. 524; Binn v. Adams, 54 Kan.. 615; Coffeyville v. Dolley (Kan.), 84 P. 719; Turner v. Franklin (Ariz.), 85 P. 1070; L......
  • Pierce v. Manning
    • United States
    • Supreme Court of South Dakota
    • February 24, 1892
    ...483; Miller v. Wade, 87 Cal. 410, 25 Pac. 487; Wallace v. Robeson, (NC) 6 S.E. 650; Oil Co. v. Perry, (Ala.) 4 South. 635; Clark v. Schnur, 40 Kan. 72, 19 Pac. 327; Reagon v. Copeland, (Tex. Sup.) 14 S.W. 1031; Woodal v. Grater, 51 Ind. 539. But it may be said that by Section 5237; Comp. La......
  • The Coffeyville Gas Company v. Dooley, 14,466
    • United States
    • United States State Supreme Court of Kansas
    • February 10, 1906
    ...Co., 47 Kan. 445, 28 P. 153; National [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 ......
  • James v. Higginbotham
    • United States
    • Supreme Court of Nebraska
    • May 2, 1900
    ...effect, vacate the verdict. The following cases are referred to in support of our conclusion: Carson v. Funk, 27 Kan. 524; Clark v. Schnur, 40 Kan. 72, 19 Pac. 327;Struthers v. Fuller, 45 Kan. 735, 26 Pac. 471;Dryden v. Railway Co., 47 Kan. 445, 28 Pac. 153;Wright v. Darst (Kan. App.) 55 Pa......
  • Request a trial to view additional results
11 cases
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...7 Okla. 259; Crawford v. Kansas City, 45 Kan. 474; McPherson v. Manning, 43 Kan. 129; Landauer v. Hoagland, 41 Kan. 520; Clark v. Schnur, 40 Kan. 72; Carson v. Frink, 27 Kan. 524; Binn v. Adams, 54 Kan.. 615; Coffeyville v. Dolley (Kan.), 84 P. 719; Turner v. Franklin (Ariz.), 85 P. 1070; L......
  • Pierce v. Manning
    • United States
    • Supreme Court of South Dakota
    • February 24, 1892
    ...483; Miller v. Wade, 87 Cal. 410, 25 Pac. 487; Wallace v. Robeson, (NC) 6 S.E. 650; Oil Co. v. Perry, (Ala.) 4 South. 635; Clark v. Schnur, 40 Kan. 72, 19 Pac. 327; Reagon v. Copeland, (Tex. Sup.) 14 S.W. 1031; Woodal v. Grater, 51 Ind. 539. But it may be said that by Section 5237; Comp. La......
  • James v. Higginbotham, 9,938
    • United States
    • Supreme Court of Nebraska
    • May 2, 1900
    ...vacate the verdict. The following cases are, referred to in support of our conclusion: Carson v. Funk, 27 Kan. 524; Clark v. Schnur, 40 Kan. 72, 19 P. 327; Struthers v. Fuller, 45 Kan. 735, 26 P. 471; Dryden v. Chicago, K. & N. R. Co. 47 Kan. 445; Wright v. Darst, 55 P. 516; Douglas Co. v. ......
  • The Coffeyville Gas Company v. Dooley, 14,466
    • United States
    • United States State Supreme Court of Kansas
    • February 10, 1906
    ...Co., 47 Kan. 445, 28 P. 153; National [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 ......
  • Request a trial to view additional results

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