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43 Kan. 35

Simpson v. Stein

Supreme Court of Kansas

Decided January 15, 1890

Supreme Court of Kansas · decided 1890-01-15

<p>Petition in Eeboe —■ Record — Nothing to Review. Where the record does not show any final disposition of the case, and the only allegation in the petition in error is “that the district court erred in overruling the motion of the defendant below to quash the summons and dismiss the action,” there is nothing presented for the supreme court to review.</p>

Cited by 3 later decisions — most recently October 1917

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1890-01-15

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¶1The opinion of the court was delivered by

Horton, C. J.:

¶2The only allegation in the petition in error filed in this court is that “the district court erred in overruling the motion of the defendant below to quash the summons and dismiss the action.” The record does not show any final disposition of the case; therefore there is nothing presented for this court to review. (Brown v. Kimble, 5 Kas. 80; Dolbee v. Hoover, 8 id. 124; Snavely v. Buggy Co., 36 id. 106; Burch v. Adams, 40 id. 639.)

All the Justices concurring.
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