Crosby v. Wilson
| Decision Date | 09 June 1894 |
| Citation | 36 P. 985,53 Kan. 565 |
| Parties | CROSBY v. WILSON, Sheriff. |
| Court | Kansas Supreme Court |
1. A general exception to an entire charge of a court, where any portion of the same is correctly given, is insufficient. State v. Wilgus, 4 Pac. 218, 32 Kan. 136.
2. In order to preserve in a case-made all the evidence introduced upon the trial, a statement to that effect should be inserted in the case itself, and not in the certificate of the trial judge. Eddy v. Weaver, 15 P. 492, 37 Kan. 540.
Error from district court, Labette county; John N. Ritter, Judge.
Action by I. F. Crosby against W. P. Wilson, sheriff of Labette county. Verdict for defendant, and plaintiff brings error. Affirmed.
F. M Smith, for plaintiff in error.
Leroy Neale & Son, for defendant in error.
In June, 1888, Mrs. G. A. Whitford obtained a personal judgment against A. B. Crosby and Jennie H. Crosby, his wife, for $2,236.66. Execution was issued upon this judgment, and W. P. Wilson, as sheriff of Labette county, levied upon certain colts, horses, and mules, of the value of $1,210. I. F. Crosby, the brother of A. B. Crosby, on August 5, 1887, commenced his action against the sheriff to recover possession of the property, claiming special ownership, as mortgagee. Trial before the court with a jury. A verdict was rendered in favor of the defendant, and against the plaintiff. Judgment was entered thereon, and the plaintiff excepted.
The principal complaint concerns the instructions given by the trial court. The plaintiff did not save any proper exceptions to the instructions. They cover five typewritten pages. The exception was taken in the following language: "To all of which instructions, the plaintiff excepts." This exception, being a general one, is insufficient. Bard v. Elston, 31 Kan. 274, 1 P. 565; State v. Wilgus, 32 Kan. 136, 4 P. 218.
The further complaint is that the verdict was not supported by sufficient evidence. It is doubtful whether the record is in a condition for this court to examine the evidence. The case made states: "The foregoing contains a true and correct statement of all the pleadings, motions, orders, evidence findings, and proceedings upon which judgment was rendered, except suggested amendments." Immediately following this recitation is the signature of the trial judge to the certificate of settlement, which is duly attested by the clerk of the court, with the seal thereof. The suggested amendments are not attached to the case-made, as an exhibit. This court cannot add to a case-made after it has been settled, signed, or...
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Glaser v. Glaser
...a general exception to an entire charge of the court is insufficient and unavailable where any portion of the charge is correct. (Crosby v. Willis, 53 Kan. 565; Insurance Co. v. Davis, 59 Kan. 521, 53 P. 856; Myer v. Moore, 45 Kan. 580; Fleming v. Latham & Co., 48 Kan. 773, 30 P. 166; State......
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Glaser v. Glaser
...exception to an entire charge of the court is insufficient and unavailable where any portion of the charge is correct. Crosby v. Wilson, 53 Kan. 565, 36 P. 985; Insurance Co. v. Davis, 59 Kan. 521, 53 P. Myer v. Moon, 45 Kan. 580, 26 P. 40; Fleming v. Latham & Co., 48 Kan. 773, 30 P. 166; S......
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Grand Lodge of Ancient Order of United Workmen v. Furman
...proceedings of the district court, neither referred to nor incorporated in the case-made." The second case so cited is that of Crosby v. Wilson, 53 Kan. 565. 36 P. 985, and only propositions relating to the case-made, decided therein, are that, "in order to preserve in a case-made all the e......