Tod v. Gurney Ranch Co.

• Decision Date: 15 July 1898
• Parties: TOD v. GURNEY RANCH CO.
• Court: Kansas Court of Appeals

53 P. 789

7 Kan.App. 815

TOD v. GURNEY RANCH CO.

Court of Appeals of Kansas, Southern Department, Western Division

July 15, 1898

Error from district court, Seward county; William Easton Hutchison, Judge.

Action by W. J. Tod against the Gurney Ranch Company. From judgment for defendant, plaintiff brought error. Dismissed.

Milton Brown, for plaintiff in error.

T. A. Scates (H. F. Mason, of counsel), for defendant in error.

OPINION

PER CURIAM.

This case is here from the Seward county district court on a transcript and petition in error. A motion to dismiss the petition in error is now filed for the reason that the matter attached to it is not sufficiently authenticated as a transcript of the record in the district court. The following is the certificate: "State of Kansas, Seward County-ss.: I, L. A. Etzold, clerk of the district court in and for Seward county, Kansas, do hereby certify that the above and foregoing is a full, true, and complete transcript and copy of each and all pleadings, replevin process, and papers, demurrers, motions, and journal entries of orders, rulings, exceptions, and judgment in the foregoing entitled action, as appears by the original files and records of said court in my custody. In witness whereof, I have hereunto subscribed my name and affixed the seal of said court, at Liberal, Kansas, on this, the 13th day of May, 1896. L. A. Etzold, Clerk District Court, Seward County, Kansas. District Court Seal, Seward County, Kansas.]" Upon the authority of the case of Bank v. Hussey (Kan. App.) 50 P. 977, and cases there cited, the petition in error must be dismissed.