Comeaux v. West
Citations
- 78 Kan. 404
- 97 P. 381
- 1908 Kan. LEXIS 72
Syllabus
<p>1. WAIVER' — Right to Prosecute Erroi--Compliance with the Judgment. A judgment canceling a contract for the purchase of land ordered that if the vendee did not surrender possession within three days execution should issue directing the sheriff to evict him. It was said that by voluntarily surrendering possession the vendee waived the right to prosecute error.</p> <p>2. - Duress. It was said the fact that restitution was ordered and an execution was authorized but not issued did not amount' to duress nor avoid the effect of the waiver.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[I]t is not the province of this court to make an exception where the legislature has made none. The rule of construction is that the exception, if any, shall appear in the act.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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