Zane v. Zane
Supreme Court of Kansas
Error from Wyandotte County. Tbe petition in tbis action, commenced in a justice’s . court, is as follows: “Zane 1 Before John B. Scroggs, v. > Justice of tbe Peace, Wyandotte county. Zane. J Petition.
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Error from Wyandotte County. Tbe petition in tbis action, commenced in a justice’s . court, is as follows: “Zane 1 Before John B. Scroggs, v. > Justice of tbe Peace, Wyandotte county. Zane. J Petition. Plaintiff says tbe defendant owes ber one hundred and eleven dollars with interest from January 26, 1864, at tbe rate of ten per cent, per annum, until paid, on bis promissory note of tbat date now due and payable, for wbicb. she asks judgment against said defendant, a copy of which note is attached and made a part of this petition. By C. S. Glick, her attorney. [copy oe note.] $110.10. January…
1Opinion of the Court
By the Court,
Valentine, J.
This action was founded in the court below upon a promissory note, and the petition in said court shows upon its face, that the claim was barred by the statute of limitations, before the action was ^brought. The defendant made an appearance in the action, but neither answered nor demurred to the petition. He objected to the sufficiency of said petition, claiming that it did not state facts sufficient to constitute a cause of action, for the reason that the petition shows that the claim was barred as aforesaid. He first raised the question of its sufficiency by…
2Cases cited5 opinions
- President of the Bank of Alabama v. SimontonTexas Supreme Court · 1847
- Backus v. ClarkSupreme Court of Kansas · 1863
- Auld v. ButcherSupreme Court of Kansas · 1863
- Miflin v. StalkerSupreme Court of Kansas · 1868
- Barnes v. GarveySupreme Court of Kansas · 1868
3Cited by26 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Farmers Feed Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Head v. DanielsSupreme Court of Kansas · 1887
- Upton v. McLaughlinSupreme Court of the United States · 1882
- Emery v. BennettSupreme Court of Kansas · 1916
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