Higgins v. Higgins

Citation7 Kan.App. 811,52 P. 906
PartiesHIGGINS v. HIGGINS.
Decision Date08 April 1898
CourtKansas Court of Appeals

Error from circuit court, Shawnee county; J. B. Johnson, Judge.

Petition in error by Kelley S. E. Higgins against Hiram Higgins. Dismissed.

S. B. Isenhart and James J. Hitt, for plaintiff in error.

Francis J. Lynch and Curtis, Safford & Williams, for defendant in error.

OPINION

PER CURIAM.

The motion to dismiss in this case must be sustained. There is nothing before the court for it to review. In the first place, the petition in error does not pretend to set out the judgment or record of any case in any court. The papers attached to the petition in error are not referred to in any manner therein. It is neither a transcript nor a case-made. It is not a transcript, not being certified as required by law. It is not a case-made, because it was never served or settled as required by law. Case dismissed.

All the judges concurring.

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2 cases
  • Farmers' State Bank of Granite v. City State Bank of Mangum
    • United States
    • Oklahoma Supreme Court
    • May 12, 1914
    ...case or court the judgment was rendered, nor what court tried the case, nor the pleadings, it will be dismissed."See, also, Higgins v. Higgins, 7 Kan. App. 811. 52 P. 906; Marvel v. White, 5 Okla. 736, 50 P. 87; Board of Com'rs of Woods County v. Oxley, 8 Okla. 502, 58 P. 651; King v. Horse......
  • Farmers' State Bank of Granite v. City State Bank of Mangum
    • United States
    • Oklahoma Supreme Court
    • May 12, 1914
    ...what case or court the judgment was rendered, nor what court tried the case, nor the pleadings, it will be dismissed." See, also, Higgins v. Higgins, 52 P. 906; [2] Marvel White, 5 Okl. 736, 50 P. 87; Board of Commissioners of Woods County v. Oxley, 8 Okl. 502, 58 P. 651; King v. Horse Chie......

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