Whitney v. Spring River Power Co.

Citations

• 81 Kan. 174
• 105 P. 223
• 1909 Kan. LEXIS 323

Syllabus

<p>SYLLABUS BY. THE COURT.</p> <p>Appeal and Error — Procedure — Code Provisions Applicable. An order made at chambers on May 27, 1909, discharging a temporary injunction was excepted to, and the time for filing a petition in error to review it was fixed at thirty days. On June 18, 1909, the petition in error was filed. A motion is made to dismiss the proceedings in this court because an appeal was not taken as provided in the civil code of 1909 nor a petition in error filed until after the repeal of the old code. Held, that in view of the provisions of section 754 of the new code and rule 4 of this court the motion can not be sustained.</p>