Adams v. Baldwin
Supreme Court of Kansas
Error from Shawnee District Court. The opinion states the facts. 1. The objection urged at the trial was, that the judgment sought to be introduced which showed that the defendant had paid the money into court was void, because the service was made by the service of summons upon the defendant without the state; that the summons so issued was void because it was directed to the sheriff of Cass county, Indiana, instead of to the defendants, and that by reason of this defect…
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Error from Shawnee District Court. The opinion states the facts. 1. The objection urged at the trial was, that the judgment sought to be introduced which showed that the defendant had paid the money into court was void, because the service was made by the service of summons upon the defendant without the state; that the summons so issued was void because it was directed to the sheriff of Cass county, Indiana, instead of to the defendants, and that by reason of this defect the whole proceeding was void. In reply it was urged, and is now urged: First, that the summons was not void, so that all…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On the 7th day of July, 1888, this action was commenced in the district court of Shawnee county by Daniel P. Baldwin et al., to recover upon a written contract the sum of $480.20 and interest, from N. A. Adams’and D. G. Inskeep, as partners under the name of Adams & Inskeep. Upon the trial, it was admitted that $478.47 was due the plaintiffs, if they were not concluded by the garnishment proceedings commenced in the district court of Riley county, in this state, on the 12th of July, 1888, in the case wherein N. A. Adams filed his petition…
2Cases cited1 opinion
- Shields v. MillerSupreme Court of Kansas · 1872
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- Chicago, Rock Island & Pacific Railway Co. v. CampbellCourt of Appeals of Kansas · 1897
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