Potter v. Payne
Supreme Court of Kansas
Error from Sumner District Court. Action by Payne against Potter and three others, to foreclose a mortgage. At the April term, 1883, the court overruled the motion of the defendants to quash the summons on the ground that the surety on the cost bond is an attorney at law. This ruling the defendants bring to this court. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought in the district court of Sumner county, Kansas, by J. D. Payne against O. O. Potter and others, to foreclose a certain mortgage. The plaintiff gave a bond for costs, in accordance with § 1, chapter 121, of the Laws of 1875. (Comp. Laws 1879, ch. *21980, ¶4113, p. 681,) which bond appeared on its face to be given by J. D. Payne as principal and Thomas George and J. T. Herrick as sureties, and was signed as follows: “J. D. Payne, by Thos. George, his attorney. Thomas George, J. T. Herrick.” The defendants appeared…
2Cases cited1 opinion
- Sherman v. StateSupreme Court of Kansas · 1868
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