Hall v. Sanders
Supreme Court of Kansas
Error from Shawnee District Court. ACTION brought by Hall against Sanders and two others, for the recovery of certain real estate and damages for its detention. Judgment was rendered for the plaintiff at the January Term, 1880, of the district court.
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Error from Shawnee District Court. ACTION brought by Hall against Sanders and two others, for the recovery of certain real estate and damages for its detention. Judgment was rendered for the plaintiff at the January Term, 1880, of the district court. Thereafter during said term the defendants filed their joint motion for a new trial, under § 599 of the code, and thereupon the court vacated the judgment and granted a second trial. ' The plaintiff excepted to this ruling, and has brought the case here. Other facts appear in the opinion. There is but one question presented in this case, and that…
1Opinion of the Court
The opinion of the court was delivered by
IíoutoN, C. J.:
This was an action brought in the court below by the.-plaintiff in error against the defendants in error, for the recovery of the real estate described in the petition, and damages for its detention. The action was begun November 28th, 1879; the summons was personally served on F. L. Sanders and Mary A. Sanders, and left at the usual place of residence of Bion Sanders, December 1st, 1879. At the January term of the court for 1880, and on the 22d day of January, the defendants having failed to demur, answer or otherwise appear, judgment…
2Cases cited2 opinions
- Fisk v. BakerIndiana Supreme Court · 1874
- Race v. MalonySupreme Court of Arkansas · 1878
3Cited by3 opinions
- Sanders v. HallSupreme Court of Kansas · 1887
- Province v. LoviSupreme Court of Oklahoma · 1896
- Kohn v. BarrSupreme Court of Kansas · 1888