Two Years' Work of the Kansas Supreme CourtKansas State Printing Office, 1914 - 24 頁 |
常見字詞
act providing adopt alter a decree amended in matters appeal appellate practice applied attorney-general Bar Association bill Bunger Caldwell canvassing board cause civil common law conditions and ideals constitution consultation contributory negligence controversies court upheld criminal law criminal procedure declared delay district court duty economic election enactment ex rel fact favor filed granted interpretation involved irregularities in proceedings January 27 judge judgment judicial jury JUSTICE ROUSSEAU Kansas reports Kansas State Bar KANSAS SUPREME COURT lative legis legislation less fidelity litigant mandamus Merchant of Venice Modern Woodmen month opinion evidence original jurisdiction ouster overruled party permitted political Portia's law preparation of abstracts presented printed prohibitory law quo warranto proceedings Railway receivers for insolvent remedies rendered required to reassemble respecting result risk and contributory rules Shylock Sometimes a decision special act statutory law tice tion trial court type of elevator upheld the statute violated
熱門章節
第 16 頁 - The supreme executive power of the State shall be vested in a governor, who shall see that the laws are faithfully executed.
第 9 頁 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.
第 9 頁 - An information may be amended in matter of substance or form at any time before the defendant pleads, without leave. The information may be amended on the trial, as to all matters of form, at the discretion of the court, when the same can be done without prejudice to the rights of the defendant. No amendment shall cause any delay of the trial, unless for good cause shown by affidavit.
第 12 頁 - The doctrines of assumption of risk and contributory negligence are not the creatures of any constitution or of any legislative enactment. They are court-made rules invented to meet certain ideals of justice respecting certain social and economic conditions and relations. Should the conditions and relations be completely changed and those ideals wholly fail of realization, the reason for the rules, which is the life of all rules of the common law, would then be wanting, and the court which would...
第 24 頁 - In the first place it gives me great pleasure to be able to report that the High SchooK •aa whole, are very vigorous and efficient. All, from the largest to the smallest, ar.
第 12 頁 - P. 843, Jane Caldwell recovered judgment on a beneficiary certificate issued by the Modern Woodmen of America insuring the life of her husband, WH Caldwell. The proof of death consisted in proof of absence for a sufficient length of time and under such circumstances as to raise a presumption of death. While this court still had possession of the case on appeal, the defendant in the action not only furnished evidence showing that Caldwell was still alive, but produced the man himself. The...
第 13 頁 - ... v. Brewing Association, 76 Kan. 184.) The court has not hesitated to overrule its own decisions when fully satisfied that they were clearly wrong, except in certain well-defined classes of cases. Thus the case of The State v. Hall, 40 Kan. 338, which held that a fugitive from justice, delivered by one state to another, can be prosecuted in the state to which he has been returned for none but the offense involved in the rendition proceedings, until he has had a reasonable time and opportunity...
第 13 頁 - The defendant furnished evidence showing that Caldwell was alive, and even produced the man himself. There was no evidence to the contrary. The court held that the defendant was not concluded by the fact that it did not discover and produce the proof at the trial, that a new trial should be granted as to the single issue of death, and that if the issue were determined favorably to the defendant, judgment should be entered accordingly. What a spectacle would have been presented if the insurance company...
第 16 頁 - The constitution provided that no special act shall be passed by the legislature where a general law can be made applicable.
第 6 頁 - In the Kansas court not only the decision itself, but the specific ground upon which each proposition involved in the decision is rested, is first agreed to by the court consulting in bane, and the opinion is then prepared by the judge to whom the case is assigned according to the directions given at the consultation. In order to prevent any possibility of favoritism or unfairness to counsel, to litigants, or to the justices themselves, cases are assigned according to an arbitrary rule, so that no...