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78 Kan. 680

State v. Walker

Supreme Court of Kansas

Decided October 10, 1908

Supreme Court of Kansas · decided 1908-10-10

<p>Appeal from Wabaunsee district court; Robert C. Heizer, judge.</p>

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1908-10-10

How this case has been cited

Cited by 3 later decisions — most recently June 1986

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1This is an appeal from a judgment of contempt. The failure of the appellant to make any objection to the proceedings and his giving of a recognizance for his appearance waived all irregularities, if there were any, up to that time.

¶2It will not be presumed that the district judge acted outside his jurisdiction. If he did so the fact should have been shown.

¶3It was not necessary that a copy of the judgment violated should be attached to the accusation. The court took judicial notice of it. The fact that the purported copy which was furnished deviated from the original in orthography and other slight particulars did not warrant the sustaining of an objection to the introduction of evidence.

¶4The answer of the appellant to the merits waived all technical defects in the accusation. However, the statement of the venue at the top of the verification should be read as a part of the official certificate, and this shows the justice acted in his county. It was not necessary that the certificate should show he acted in his township. If he did not do so the appellant should have proved the fact.

¶5The judgment of the district court is affirmed.

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