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67 Kan. 862

Smith v. Alexander

Supreme Court of Kansas

Decided November 7, 1903

Supreme Court of Kansas · decided 1903-11-07

<p>Error from Cowley district court; W. T. McBride, judge.</p>

Cited by 2 later decisions — most recently January 1909

2 state decisions

Relies on Sanford v. Weeks

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1903-11-07

View the full empirical analysis of this case →

Per Curiam:

¶1In 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.)

¶2The petition in error will be dismissed.

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