Bartlett v. Thos. B. Bullene & Co.
Supreme Court of Kansas
Error from, Wyandotte District Court. The nature of the action, and the facts, sufficiently appear in the opinion. Trial at the April Term, 1879, of the district court, when Thomas Bullene and three others, partners-as Bullene, Moores & Emery, as plaintiffs, recovered a judgment against Allison B. Bartlett and Joseph C. Welsh, as defendants, who bring the case to this court. The alleged cause of action was barred.
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Error from, Wyandotte District Court. The nature of the action, and the facts, sufficiently appear in the opinion. Trial at the April Term, 1879, of the district court, when Thomas Bullene and three others, partners-as Bullene, Moores & Emery, as plaintiffs, recovered a judgment against Allison B. Bartlett and Joseph C. Welsh, as defendants, who bring the case to this court. The alleged cause of action was barred. The statute of' limitation, which governs this case, is § 9, ch. 71,-Gen. Stat. 1868. If the action be treated as one for relief, on the ground of fraud, and the-general rule laid…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On September 18, 1878, the defendants in error (plaintiffs below) brought their action against the plaintiffs in error, (defendants below,) alleging that Allison B. Bartlett, as a notary public, made a fraudulent and false •certificate of acknowledgment to a mortgage described in the petition; that Welsh, one of the plaintiffs in error, was surety *610on his notarial bond, and judgment was asked against both Bartlett and Welsh. The bond, which' was made a part of the petition, was dated May 20, 1871, and was conditioned that: “If said A. B.…
2Cases cited3 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Zane v. ZaneSupreme Court of Kansas · 1869
- Cæsar v. BradfordMassachusetts Supreme Judicial Court · 1816
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- Oklahoma Farm Mortgage Co. v. JordanSupreme Court of Oklahoma · 1917
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