First Nat. Bank v. Jaffrey

CourtUnited States State Supreme Court of Kansas
Writing for the CourtSIMPSON, C.:
Citation19 P. 626,41 Kan. 691
Decision Date10 November 1888
PartiesTHE FIRST NATIONAL BANK OF PEORIA et al. v. EDWARD S. JAFFRAY et al

19 P. 626

41 Kan. 691

THE FIRST NATIONAL BANK OF PEORIA et al.
v.
EDWARD S. JAFFRAY et al

Supreme Court of Kansas

November 10, 1888


Error from Cowley District Court.

ACTION brought by the First National Bank of Peoria, Illinois, and William E. Stone, against Edward S. Jaffray and numerous other defendants, to foreclose nine certain quitclaim deeds as mortgages, and to recover judgment for $ 15,000; also, to foreclose the prior mortgages on the mortgaged lands purchased by said bank on October 30, 1885. Trial at the September term, 1886, and judgment for defendants. The plaintiffs bring the case here. The opinion contains a sufficient statement of the facts.

Judgment affirmed.

Jack & Tichnor, and Mansfield, Eaton & Pollock, for plaintiffs in error.

Peckham & Henderson, Irwin Taylor, and Weigley, Bulkley & Gray, for defendants in error.

SIMPSON, C. All the Justices concurring.

OPINION

SIMPSON, C.:

The assignments of error in the petition in error filed in this court are as follows:

1. That the court erred in admitting evidence of the defendants in error, to which plaintiffs in error at the time objected. [19 P. 627]

2. That the court erred in ruling out the evidence offered by the plaintiffs in error on the trial of said action.

3. That the judgment was given for the defendants in error, when it ought to have been given for the plaintiffs in error, according to the law of the land.

It will be seen that the ruling of the trial court on the motion [41 Kan. 692] for a new trial is not assigned as error, and hence this case falls within the ruling in the cases of Carson v. Funk, 27 Kan. 524, and Clark v. Schnur, 40 id. 72. It is held in these cases:

"Where in an assignment of errors, the only errors complained of relate to matters occurring on 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."

In this case the motion for a new trial was based upon the following causes: Because the decision was contrary to the evidence, and contrary to the law; because the judgment was not sustained by sufficient evidence; and because of errors of law occurring during the trial, and excepted to at the time. The motion was overruled and all exceptions were saved, but the ruling on the motion is not assigned as error in the petition filed in this court.

The only question, then, made in the briefs of...

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6 practice notes
  • Wafer v. Harvey County Bank
    • United States
    • United States State Supreme Court of Kansas
    • 6 de junho de 1891
    ...disclosed by this record, is to be regarded as tending very strongly to show the fraudulent intent of these parties. Bank v. Jaffray, 41 Kan. 691, 19 P. 626. 5. The court charged the jury in effect that the knowledge of Spivey was the knowledge of the bank, but the jury, in their sixth spec......
  • The Coffeyville Gas Company v. Dooley, 14,466
    • United States
    • United States State Supreme Court of Kansas
    • 10 de fevereiro de 1906
    ...v. Fuller, 45 Kan. 735, 26 P. 471; Dryden v. C. K. & N. Rly. 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. 4......
  • Duigenan v. Claus
    • United States
    • United States State Supreme Court of Kansas
    • 9 de maio de 1891
    ...Carson v. Funk, 27 Kan. 524; Clark v. Schnur, 40 Kan. 72, 19 P. 327; Landauer v. Hoagland, 41 Kan. 520, 21 P. 645; Bank v. Jaffray, 41 Kan. 691, 19 P. 626; City of McPherson v. Manning, 43 Kan. 129, 23 P. 109. Errors occurring during the trial cannot be considered by the supreme court unles......
  • Johnson v. Company, 393. [*]
    • United States
    • Court of Appeals of Kansas
    • 1 de dezembro de 1898
    ...Cora L. Johnson and her husband. The grounds of the motion were the same as those of the motion in the case of National Bank v. Jaffray, 41 Kan. 691, 19 P. 626. Under the authority of that decision, it must be held that no question is properly raised as to matters occurring on the trial of ......
  • Request a trial to view additional results
6 cases
  • Wafer v. Harvey County Bank
    • United States
    • United States State Supreme Court of Kansas
    • 6 de junho de 1891
    ...disclosed by this record, is to be regarded as tending very strongly to show the fraudulent intent of these parties. Bank v. Jaffray, 41 Kan. 691, 19 P. 626. 5. The court charged the jury in effect that the knowledge of Spivey was the knowledge of the bank, but the jury, in their sixth spec......
  • The Coffeyville Gas Company v. Dooley, 14,466
    • United States
    • United States State Supreme Court of Kansas
    • 10 de fevereiro de 1906
    ...v. Fuller, 45 Kan. 735, 26 P. 471; Dryden v. C. K. & N. Rly. 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. 4......
  • Duigenan v. Claus
    • United States
    • United States State Supreme Court of Kansas
    • 9 de maio de 1891
    ...Carson v. Funk, 27 Kan. 524; Clark v. Schnur, 40 Kan. 72, 19 P. 327; Landauer v. Hoagland, 41 Kan. 520, 21 P. 645; Bank v. Jaffray, 41 Kan. 691, 19 P. 626; City of McPherson v. Manning, 43 Kan. 129, 23 P. 109. Errors occurring during the trial cannot be considered by the supreme court unles......
  • Johnson v. Company, 393. [*]
    • United States
    • Court of Appeals of Kansas
    • 1 de dezembro de 1898
    ...Cora L. Johnson and her husband. The grounds of the motion were the same as those of the motion in the case of National Bank v. Jaffray, 41 Kan. 691, 19 P. 626. Under the authority of that decision, it must be held that no question is properly raised as to matters occurring on the trial of ......
  • Request a trial to view additional results

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