Supreme Court of Kansas, 1903

Smith v. Alexander

Supreme Court of Kansas · Decided November 7, 1903 · No. 13

67 Kan. 862; 74 P. 240; 1903 Kan. LEXIS 388

Cases that cite this one

1 later published case cites this decision.

McCormick v. Fromme (Kan. 1904)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam:

In order that the errors relied on for reversal in this case may be examined, the record must show that all the evidence had been there preserved. The only statement contained in the record tending to show such to be the fact is the following, occurring at the close of the evidence: “And thereupon the plaintiff, having no further evidence to introduce, rested his case; and the defendant, having no further evidence to introduce, rested his case, *863and the case was closed.” This statement is not equivalent to one that all the evidence is to be found in the case-made. The certificate of the trial judge contains the statement that the case-made contains all the evidence. This, however, is ineffectual. (Sandford v. Weeks, 50 Kan. 336, 31 Pac. 1087.)

The petition in error will be dismissed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.