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MARTIN v. WALTON

No. 30.

368 U.S. 25 (1961)

MARTIN v. WALTON, PROBATE JUDGE OF JOHNSON COUNTY, KANSAS.

Supreme Court of United States.

Decided November 6, 1961.

Attorney(s) appearing for the Case

Howard E. Payne argued the cause for appellant. With him on the briefs were F. L. Hagaman and John Scurlock.

J. Donald Lysaught argued the cause for appellee. With him on the brief were Hugh H. Kreamer, Bernhard W. Alden and Kenneth C. McGuiness.

A brief was filed by William M. Ferguson, Attorney General of Kansas, and A. K. Stavely, Assistant Attorney General, on behalf of the State of Kansas, as amicus curiae.

PER CURIAM.

The appeal is dismissed for want of a substantial federal question. Upon plenary consideration, we are satisfied that, both on their face and as applied to appellant, Kan. Gen. Stat., 1949, § 7-104, and amended Kan. Sup. Ct. Rules 41 and 54 promulgated by the Supreme Court of Kansas, acting within its competence under state law, are not beyond the allowable range of state action under the Fourteenth Amendment...

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