The Advocate and news., 1899-01-18
published January lS, lSS0)
Appellate Court SyIIabi,

vs..
Abraham Pratt, defendant in error.
Error from Graham County District Court.
AFFIRMED.
Syllabus. BY the Court. McElroy, ].
1. In an action founded upon an equitable
assignment or a clam for money due on
ponCy OF insurance, the asslgnor Is not
necessary party.
2. A motion to dismiss a case brought In
this court by petluOn In error, for the rea-
son that the case-made does not contain
all the evidence, should be oVerruleui IL IL
not essential to the validity Of case-made
that II contain all of the evidence, nor any
part Of the evidence.
3. demurrer to a petition is properly
overruled where the alleged defects do not
appear on the face OF the petition.
A. An assignment of error cannot be
predicated upon the admission OF lncom-
petent testimony without objection, nor
upon general objection unless the grounds
OF the objection are apparent.
s. An allegation in a petition Of the exc
Ition of a written order which Is set OUT
a admitted by the pleadlngs, unless the
same is denied by verified answer.
6. Evidence examined and held to sup
port the Judgment.
Filed December %, 1898.
A true copy. ~
fSeaIi Clerk.
In the Kansas Court Of Appeals, Northern
Department, Western Division.
No 1856
The Union Pacific Railway Company, plain"
titf in error,
VS..
John Motzner, defendant in error.
Error from Russell County District Court
AFFIRMED.
The opinion Of the Court was delivered by
McElroy, j.
l. Before trial court is justified in sus-
tanning q challenge to juror, on account
of suspicion OF prejudice, 1t must be mace
to appear from the examination that there
Is Just cause therefor.
2. This court will not examine at length
assignments Of error upon the alleged err
unless there is an apparent effort to COM
ply with the rule Of practice in setting out
such evidence.
3. A party is not entitled, as matter Of
right, to a continuance during the course
OF a trial. simply on account OF formal
amendment of the petition.
A. Instructions refused and instructions
given examined: held, not erroneous.
Filed December %, 1898.
A true copy. ~
Attest: 4. j. GOSSV
[Seal.l CIerK'
In the Kansas Court of Appeals, Northern
Department, Western Division.
No. 1888.
s. w. Scott, John w. Walters, A. 3. Walt
ers and II. A. Hammond co-operators
doing business under the style and firm
name of Scott, Wrigley & Hammond
plaintiffs,
Simpson Finn, County Treasurer, and
Frank Johnson, County Clerk Of Rawlns
county, Kansas, defendants.
Original Proceedings in Mandamus.
PEREMPTORY WRIT AWARDED.
Per Curiam.
On June 23d, 1882, C. F. Romjue purchased
= of the State of Kansas 12O acres of school
land in Rawlins county, for 50 per acre,
amounting to $3.50. One-tenth of this amount
was paid down and a certificate of pur-
chase duly issued. This certificate was, on
July 18th, 1858, exchanged for another bear
ing interest at per cent per annum, pro-
viding that upon the payment OF S324 on or
before July 17th, 1904, with annual interest
upon the unpaid balance thereof from the
date of said renewal certificate at the rate
of 6 per cent, per annum, patent should
issue to said purchaser for said land. Such
new certificate appears to have been as
signed to M. E. Wilson and by her to Scott,
Wrigley & Hammond, the plaintiffs herein.
Fourteen annual installments of interest
were paid on said certificate and receipts
therefor endorsed thereon. On July 26th,
1884, the County Clerk of Rawlins county
issued notice under sec. 26, chap. g. Cen
eral Statutes 1897; this notice was directed
to said purchaser and assignee by name,
and notified them that the sum of $2l.O5 as
oil fv1Nn al