Bleakley v. Smart

Citations

• 74 Kan. 476
• 87 P. 76
• 1906 Kan. LEXIS 92

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Habeas Corpus — Appeal—Custody of a Child. An appeal will lie from a judgment of the district court in habeas corpus proceedings determining the rights of conflicting claimants to the custody of a child.</p> <p>2. Mandamus — District Judge — Motion for a New Trial. Where the district court refuses, on proper application, to grant a defeated party in a civil action a stay of proceedings under chapter 322 of the Laws of 1905, and,- after the supreme court has granted a stay of proceedings on the judgment, refuses to act upon a motion for a new trial pending in the action, mandamus will lie to compel the judge of such court to act upon the motion.</p>