Bassett v. Mitchell
Supreme Court of Kansas
Error from, Greenwood District Court. Leidigh, RichardsoN & Co. filed their bill of particulars in a justice’s court, claiming a judgment against A. Bassett, plaintiff in error, for $91.73, with interest. A summons was issued, and a copy served upon him indorsed as follows: “If the defendant fail to appear, the plaintiff will take judgment for $19.73, with interest at the rate of 10 per cent, per annum from the 1st day of October, 1886, and costs of suit.”
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Error from, Greenwood District Court. Leidigh, RichardsoN & Co. filed their bill of particulars in a justice’s court, claiming a judgment against A. Bassett, plaintiff in error, for $91.73, with interest. A summons was issued, and a copy served upon him indorsed as follows: “If the defendant fail to appear, the plaintiff will take judgment for $19.73, with interest at the rate of 10 per cent, per annum from the 1st day of October, 1886, and costs of suit.” On the 24th day of December, 1886, the returu-day, judgment was rendered in justice’s court in favor of Leidigh, Richardson & Co., and…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
Upon the argument for rehearing in this case, our attention has been called to the record showing that the justice of the peace, upon the action properly commenced *551before him by Leidigh, Richardson & Company v. A. Bassett, to recover $91.73 with interest, issued a summons for the amount claimed, in accordance with the provisions of §11, chapter 81, Compiled Laws of 1885. The summons so issued had indorsed thereon:
“If the defendant fail to appear, the plaintiff will take judgment for $91.73, with interest thereon at the rate of 10 per…
2Cases cited1 opinion
- Dutton v. HobsonSupreme Court of Kansas · 1871
3Cited by3 opinions
- Lawton v. NicholasSupreme Court of Oklahoma · 1903
- Dusenberry v. BennettCourt of Appeals of Kansas · 1898
- Stewart v. BodleySupreme Court of Kansas · 1891