[Download] "Crowder v. Lindbergh" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Crowder v. Lindbergh
- Author : Supreme Court of Kansas
- Release Date : January 23, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The opinion of the court was delivered by This is an appeal by Jim Carothers Tire Company, Incorporated,
intervenor, in a replevin action instituted by R.C. Crowder
against the defendant, Ray W. Lindbergh, to recover certain
personal property. Plaintiff's action was based on a note and
chattel mortgage. The above-mentioned intervenor had sold the
personal property involved to the defendant Lindbergh under an
alleged conditional sales contract. Another intervenor, Scott
Motors, Incorporated, claimed a lien on the property involved.
Only the first-mentioned intervenor has appealed from the
judgment rendered. Appellant contends the court committed various trial errors and
rendered an erroneous judgment. Appellant, however, has appealed
only from the judgment rendered and not from the order overruling
its motion for a new trial. It follows alleged trial errors are
not reviewable. (Hardman Lumber Co. v. Spitznaugle,
130 Kan. 346, 286 P. 235; Smith v. Kansas Transport Co., 172 Kan. 26,
238 P.2d 553.) The plaintiff, appellee, insists the single appeal from the
judgment rendered must be dismissed for various reasons. He
directs attention to the fact appellant failed to order and
provide a transcript sufficiently complete to enable appellee to
prepare a counter abstract in accordance with the provisions of
G.S. 1949, 60-3311 which is necessary for a proper review of the
judgment rendered; there was no agreement of the parties the
limited transcript ordered by appellant would be satisfactory to
appellee and that it is wholly insufficient for a proper review
of the judgment.