Quinton v. Waters

CourtCourt of Appeals of Kansas
Writing for the CourtPER CURIAM.
Citation59 P. 664,9 Kan.App. 884
Decision Date04 January 1900
PartiesQUINTON v. WATERS et al.

59 P. 664

9 Kan.App. 884

QUINTON
v.
WATERS et al.

Court of Appeals of Kansas, Northern Department, Eastern Division

January 4, 1900


Error from district court, Shawnee county; Z. T. Hazen, Judge.

Action by Waters & Waters against Nina H. Quinton. Judgment for plaintiffs. Defendant brings error. Dismissed.

A. H. Case, for plaintiff in error.

Waters & Waters, in pro. per.

OPINION

PER CURIAM.

This action was brought by Waters & Waters in justice court against Quinton for the recovery of money. A trial was had, and an appeal taken to the district court of Shawnee county. The case was again tried, resulting in a judgment for plaintiffs. A motion for new trial was overruled. The defendant, as plaintiff in error, presents the case to this court for review upon petition in error and case-made. The case-made has not been attested by the clerk of the district court, nor has the same been filed in his office. There is therefore no proper authentication of the record. Hence there is no question presented for the consideration of the court. If the case-made was properly authenticated, the plaintiff in error would be in no better condition. All of the assignments of error relate to matters occurring at the trial. The plaintiff in error does not assign the overruling of the motion for a new trial as error. This brings the case within the operation of the rule announced in Carson v. Funk, 27 Kan. 524; Clark v. Schnur, 40 Kan. 72, 19 P. 327; Landauer v. Hoagland, 41 Kan. 520, 21 P. 645. The petition in error is dismissed.

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