Legal Opinion
Manspeaker v. Bank of Topeka
Court of Appeals of Kansas
Decided December 3, 1896No. 143PublishedCited by 7 opinions
Memorandum. — Error from Shawnee circuit court; J. B. Johnson, judge. Action by The Bank of Topeka against W. W. Manspeaker on a promissory note. Judgment for plaintiff. Defendant brings the case to this court.
1Opinion of the Court
The opinion of the court was delivered by
Gilkeson, P.- J. :
The Bank of Topeka filed a petition without signature of plaintiff or attorney, and also a praecipe for summons in like condition. The clerk of the court issued summons, which was personally served upon the defendant, and thereupon defendant filed the following motion :
“Gomes now said defendant, appearing specially for the purpose of this motion only, and moves the court: (1) To set aside and to quash the summons and the service thereof for the reason that the same *769w.as not issued in pursuance of a written praecipe filed by the…
2Cases cited3 opinions
- Butcher v. Bank of BrownsvilleSupreme Court of Kansas · 1863
- Schuyler National Bank v. BollongNebraska Supreme Court · 1890
- Goff v. RussellSupreme Court of Kansas · 1865
3Cited by7 opinions
- Christenson Media Group, Inc. v. Lang Industries, Inc.District Court, D. Kansas · 2011
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1921
- Home Savings & Loan Ass'n v. SullivanSupreme Court of Oklahoma · 1929
- Sanford v. StreetSupreme Court of Oklahoma · 1936
- Architectural & Engineered Products Co. v. WhiteheadCourt of Appeals of Kansas · 1994
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