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Westbrook v. Schmaus

C. E. Westbrook v. Joseph Schmaus

Westbrook v. Schmaus, 51 Kan. 214 (1893)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
January 15, 1893
Judges
Johnston
Citations
51 Kan. 214
Headnotes
Review — Incomplete Transcript. Where the record brought up for a review of the rulings of the district court is based upon a transcript, it is essential that it shall contain all the proceedings of the case, as shown by the record in the court below, and that it is a complete transcript must appear from the certificate of the clerk.
Summary
Error from Butler District Court. Action between Westbrook and Schmaus to quiet title. From the judgment, on October 5, 1889, Westbrook comes to this court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Johnston

Text extracted by OCR from a scanned original; check the original for exact wording.

The opinion of the court was delivered by Johnston, J.:

This proceeding was brought to review the rulings and judgment of the district court of Butler county, in an action to quiet title. The right to a review is challenged on account of the insufficiency of the record. The petition in error is based upon a transcript instead of a case-made, and the clerk, in the certificate attached, certifies that it “is a full, true and correct copy of certain proceedings had in said court in the case therein entitled, as the same appears of record in my office.” The certificate fails to show that the record contains a complete transcript of the proceedings in the cause. Nothing short of a full transcript of all the proceedings is sufficient, and that it is a complete transcript must appear from the certificate of the clerk. Within the authority of Whitney v. Harris, 21 Kas. 96 ; Eckert v. McBee, 25 id. 706; The State v. Ricker, 40 id. 14; Neiswender v. James, 41 id. 463, the proceeding must be dismissed.

All the justices concurring.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1895: 11896: 11897: 11900: 11903: 11904: 11911: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. Featherman v. Granite County72 P. 972 (Mont. 1903)
  2. Wade v. Mitchell1904 OK 55, 79 P. 95
  3. Fortune v. Parks1911 OK 384, 119 P. 134
  4. Eldridge v. Deets45 P. 948 (Kan. Ct. App. 1896)
  5. Heaston v. Miller41 P. 976 (Kan. Ct. App. 1895)
  6. Scott v. Brown61 P. 460 (Kan. Ct. App. 1900)

Most recent

  1. Fortune v. Parks1911 OK 384, 119 P. 134
  2. Wade v. Mitchell1904 OK 55, 79 P. 95
  3. Featherman v. Granite County72 P. 972 (Mont. 1903)
  4. Scott v. Brown61 P. 460 (Kan. Ct. App. 1900)
  5. Bank of Santa Fe ex rel. Coffman v. Hussey50 P. 977 (Kan. Ct. App. 1897)
  6. Eldridge v. Deets45 P. 948 (Kan. Ct. App. 1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Whitney v. Harris, 21 Kan. 96 (1878) 15

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