Smith v. Wege
Court of Appeals of Kansas
Memorandum. — Error from Wabaunsee district court; William Thomson, judge. Action by Josephine Smith against Henry J. J. Wege and wife to foreclose a mortgage. Judgment for plaintiff as against defendant Henry J. J. Wege. Plaintiff brings the case to this court.
1Opinion of the Court
The opinion of the court was delivered by
Garver, J. :
The plaintiff in error, Josephine Smith, brought this action in the district court of Wabaunsee county against Henry J. J. Wege and wife, on a note and mortgage alleged to have been executed by them. The execution of the instruments sued upon was denied under oath ; and, on the issues thus raised, the jury found that the note and mortgage were executed by the defendant Henry J. J. Wege, but not by his wife. The verdict of the jury was returned and filed October 12, Í891. October 17, 1891, the court overruled a motion for a new trial made by…
2Cases cited2 opinions
- City of Eskridge v. LewisSupreme Court of Kansas · 1893
- Julius Winkelmeyer Brewing Ass'n v. WolffSupreme Court of Kansas · 1894