Osborne v. Young
Supreme Court of Kansas
Error from Crawford District Court. Action brought by William B. Osborne, executor of Noah Ely, deceased, againstT. G. Harlan, Mary Harlan, J. W. Young, and Frank Playter,'"to" recover judgment upon a certain coupon promissory note given by I. G. Harlan to the plaintiff, and to foreclose a mortgage given by Harlan and wife to the plaintiff to secure the note.
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Error from Crawford District Court. Action brought by William B. Osborne, executor of Noah Ely, deceased, againstT. G. Harlan, Mary Harlan, J. W. Young, and Frank Playter,'"to" recover judgment upon a certain coupon promissory note given by I. G. Harlan to the plaintiff, and to foreclose a mortgage given by Harlan and wife to the plaintiff to secure the note. All the defendants except Young made default, and suffered judgment to be rendered against them, as prayed for in the plaintiff’s petition. The defendant Young answered, setting up and claiming title in himself, paramount to the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The defendant in error, J. AV. Young, who was one of the defendants in the court below, moves in this court to dismiss the petition in error and case-made, upon various grounds, none of which we think are tenable, and hence the motion must be overruled. The principal ground upon which the motion is made, and the only ground that merits any special consideration, is the alleged ground that the case-made was not filed in the supreme court within the proper and prescribed statutory time. Now § 556 of the civil code, as amended in 1881, (Laws…
2Cases cited3 opinions
- Mound City Mutual Life Insurance v. TwiningSupreme Court of Kansas · 1877
- Ecton v. HarlanSupreme Court of Kansas · 1878
- Ingersoll v. YatesSupreme Court of Arkansas · 1878
3Cited by19 opinions
- Ritchie v. Kansas, Nebraska & Dakota Railway Co.Supreme Court of Kansas · 1895
- Heery v. ReedSupreme Court of Kansas · 1909
- Doorley v. Buford & George Manufacturing Co.Supreme Court of Oklahoma · 1897
- McCready v. CraneSupreme Court of Kansas · 1906
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
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