Supreme Court of Kansas, 1872

Smith v. Gill

Smith v. Gill
Supreme Court of Kansas · Decided July 15, 1872 · Brewer
10 Kan. 74
Smith v. Gill

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The only error alleged in this case is, that upon the evidence, the judgment should have been rendered for the plaintiffs in error. But as the bill of exceptions fails to show that it contains all the evidence offered on the trial, it is impossible for us to say that the judgment was against the weight of evidence, or rendered in favor of the wrong *75party. This matter is well settled in this court: Western Mass. Ins. Co. v. Duffy, 2 Kas., 347; Cooper v. Armstrong, 4 Kas., 30; McGrew v. Armstrong, 5 Kas., 284; Topeka v. Tuttle, 5 Kas., 323; Hale v. Bridge Co., 8 Kas., 466 ; Turner v. Hale, 8. Kas., 38. The judgment will be affirmed.

All the Justices concurring.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.