Bury v. Conklin
Supreme Court of Kansas
Error from Bourbon District Court. Action brought by Bury and two others, against Conklin, on certain promissory notes. Trial at the September Term, 1878, of the district court, and judgment for the defendant. The plaintiffs bring the case to this court.
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Error from Bourbon District Court. Action brought by Bury and two others, against Conklin, on certain promissory notes. Trial at the September Term, 1878, of the district court, and judgment for the defendant. The plaintiffs bring the case to this court. The facts, pleadings and proceedings sufficiently appear in the opinion. 1. The motion filed and heard, June 7, 1870, was a general appearance in the action, and thus a waiver of service of summons, and an admission of the jurisdiction of the court. The authorities all agree that the jurisdiction of the court must be questioned in limine, or…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on certain promissory
notes. The defendant resided in Crawford county, but being temporarily present in Bourbon county, he was sued in the latter county. A summons and an order of arrest were duly issued and served upon him while he was temporarily present in Bourbon county. This was all done on June 1, 1878. On June 7, 1878, he filed a motion, supported by affidavits, which motions read as follows :
“And now comes the above-named defendant, H. Conklin, by his attorneys, A. A. Harris and W. H. Spencer, and moves the court…
2Cases cited4 opinions
- Cohen v. TrowbridgeSupreme Court of Kansas · 1870
- Carver v. James Shelly & Co.Supreme Court of Kansas · 1877
- Hendrix v. FullerSupreme Court of Kansas · 1871
- Hefferlin v. StuckslagerSupreme Court of Kansas · 1870
3Cited by8 opinions
- Belknap v. CharltonOregon Supreme Court · 1893
- Meixell v. KirkpatrickSupreme Court of Kansas · 1883
- Wabash Western Ry. v. BrowCourt of Appeals for the Sixth Circuit · 1895
- Kipp v. CarlsonSupreme Court of Kansas · 1938
- Shaw v. RowlandSupreme Court of Kansas · 1884
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