Legal Opinion

Mortgage Trust Co. v. Norris

Court of Appeals of Kansas

Decided September 13, 1898No. 179PublishedCited by 1 opinion

Error from Barton district court; J. H. Bailey, judge.

1Opinion of the Court

The opinion of the court was delivered by

Milton, J.:

This action was commenced on February 14, 1893, by N. E. Norris to recover the statutory penalty of $100, and an attorney’s fee, for the neglect and failure of the trust company to discharge a real-estate mortgage which had been fully paid; Service by publication was made on the defendant, a Pennsylvania corporation, and several parties were served as garnishees. An order of attachment was issued at the commencement of the action and the same was subsequently returned by the officer with an indorsement showing that no property was found…

2Cases cited6 opinions

  1. Harkness v. HydeSupreme Court of the United States · 1879
  2. Harris v. ClaflinSupreme Court of Kansas · 1887
  3. Miller v. RichardsCalifornia Supreme Court · 1890
  4. St. Louis, Kansas & Southwestern Railway Co. v. MorseSupreme Court of Kansas · 1892
  5. Wells v. PattonSupreme Court of Kansas · 1893

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3Cited by1 opinion

  1. Aggers v. BridgesSupreme Court of Oklahoma · 1912

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