Shore v. White City State Bank
Supreme Court of Kansas
Error from Morris district court; O. L. Moore, judge. STATEMENT. On January 29, 1896, the plaintiffs in error commenced an action in the district court against the defendant bank, alleging in the first count of their second amended petition that theretofore they had executed to the bank certain chattel mortgages on certain growing wheat, farming implements, horses and cattle ; that the horses included three high-bred animals of great value for breeding purposes, worth $1000…
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Error from Morris district court; O. L. Moore, judge. STATEMENT. On January 29, 1896, the plaintiffs in error commenced an action in the district court against the defendant bank, alleging in the first count of their second amended petition that theretofore they had executed to the bank certain chattel mortgages on certain growing wheat, farming implements, horses and cattle ; that the horses included three high-bred animals of great value for breeding purposes, worth $1000 each; that all the property was worth in the aggregate over $15,000 ; that an oral agreement was entered into between…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The objection that the order of consolidation was improperly made is not available to the plaintiffs in error. While the court probably erred in consolidating the two actions, yet we cannot say that plaintiffs in error were not fully notified of the action of the court, and, in fact, we cannot presume *252that they were not present when the order was made. While the statute (Gen. Stat. 1897, ch. 95, § 145 ; Gen. Stat. 1899, § 4895) provides that a consolidation can only be ordered on application of the defendant in actions which might have been…
2Cases cited2 opinions
- Crowther v. ElliottSupreme Court of Kansas · 1871
- Towne v. MilnerSupreme Court of Kansas · 1884
3Cited by3 opinions
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