Simcock v. First National Bank
Supreme Court of Kansas
Error from, Morris District Cowrt. Action upon a promissory note, brought by The First National Bank of Emporia against Simeoek and two others. The plaintiff had judgment, as upon default, at the April Term 1874. Defendants bring the case here on error. contended that the service of the summons on the return-day thereof, was defective and bad.
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Error from, Morris District Cowrt. Action upon a promissory note, brought by The First National Bank of Emporia against Simeoek and two others. The plaintiff had judgment, as upon default, at the April Term 1874. Defendants bring the case here on error. contended that the service of the summons on the return-day thereof, was defective and bad. The entry of judgment upon such defective service, over the objection and exception of plaintiffs in error, and as upon a default, was an error affecting the substantial rights of plaintiffs in error. Code, § 64; Dutton v. Hobson, 7 Kas., 196; Meisse v.…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
In this case the service of the summons was made on the defendants below (plaintiffs in error) on the return-day thereof. Such a service is irregular and voidable, and a judgment founded thereon may be reversed, vacated or set aside at the instance of the judgment-debtor, in any proper proceeding therefor, provided no waiver of service has been had in the case by appearance or otherwise. (Dutton v. Hobson, 7 Kas., 196; Armstrong v. Grant, 7 Kas., 285.) In the present case there was an appearance by all the defendants below in about the…
2Cases cited3 opinions
- Warner v. WarnerSupreme Court of Kansas · 1873
- Armstrong v. GrantSupreme Court of Kansas · 1871
- Dutton v. HobsonSupreme Court of Kansas · 1871
3Cited by4 opinions
- Lieberman v. DouglassSupreme Court of Kansas · 1901
- Buehne v. BuehneSupreme Court of Kansas · 1963
- Farmers Coöperative Grain, Live Stock & Mercantile Ass'n v. HedSupreme Court of Kansas · 1927
- Downing v. W. J. Gow & Bros. Mortgage Investment Co.Supreme Court of Kansas · 1894