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· 2/12/1916

Capital City Vitrified Brick & Paving Co. v. Concordia Lumber Co.

Citations

  • 97 Kan. 294
  • 155 P. 38
  • 1916 Kan. LEXIS 285

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Appeal — Record—Transcript of Evidence — Duty to Furnish — Review. To obtain a review of rulings upon the admission of evidence, or' of questions which depend upon the evidence, a transcript of the stenographer’s notes of the testimony and the proceedings at the trial should be procured and filed in the way prescribed in section 574 of the civil code; and where a complete transcript has not been made and filed, and there is no agreement of counsel that the record presented contains all the evidence on any particular issue or matter, no questions arising on the evidence can be considered, and as the only questions assigned for error in this appeal require the consideration of the evidence which has not been transcribed, the appeal must be dismissed.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “A way of necessity arises when one grants a parcel of land surrounded by his other land, or when the grantee has no access to it except over other land of the grantor, or as an alternative by passing upon the land of a stranger.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Johnston

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.