Valley Bank & Savings Institution v. Ladies' Congregational Sewing Society
Supreme Court of Kansas
Error from, Jefferson District Court. Action by the Ladies’ Congregational Sewing Society against the Valley Bank and Savings Institution, M. P. Hillyer, Marcus Hefty, Daman Butty, Jared Butty, Henry Legler, J. M. Piazzek, E. M. Hutchings and J. P. Barnes, begun in the district court of Jefferson county, October 1,1880, to recover $522.50, with interest at 10 per cent, per annum from March 10, 1879, upon a certificate of deposit issued on said March 10 by the Valley Bank and…
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Error from, Jefferson District Court. Action by the Ladies’ Congregational Sewing Society against the Valley Bank and Savings Institution, M. P. Hillyer, Marcus Hefty, Daman Butty, Jared Butty, Henry Legler, J. M. Piazzek, E. M. Hutchings and J. P. Barnes, begun in the district court of Jefferson county, October 1,1880, to recover $522.50, with interest at 10 per cent, per annum from March 10, 1879, upon a certificate of deposit issued on said March 10 by the Valley Bank and Savings Institution, and payable to the order of the Ladies’ Congregational Sewing Society one year after date thereof,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
I. The court committed no error in permitting the sheriff to amend his return to the summons, and after such amendment had been made, it appeared from the return that due and proper service of the summons had been had upon the Valley Bank and Savings Institution. The amendment made was not to confer jurisdiction, but to make the return conform to the facts. (Forman v. Carter, 9 Kas. 674; Challiss v. Headley, 9 Kas. 684; Kirkwood v. Reedy, 10 Kas. 453.)
II. The exception that the plaintiff' named in the petition was not a proper party…
2Cases cited4 opinions
- Foreman v. CarterSupreme Court of Kansas · 1872
- Esley v. People of IllinoisSupreme Court of Kansas · 1880
- Kirkwood v. ReedySupreme Court of Kansas · 1872
- Challiss v. Headley & CarrSupreme Court of Kansas · 1872
3Cited by9 opinions
- Citizens Bank of Lane v. NeedhamSupreme Court of Kansas · 1926
- Hoyt v. BunkerSupreme Court of Kansas · 1893
- Van Demark v. BaronsSupreme Court of Kansas · 1894
- Wilson v. First State BankSupreme Court of Kansas · 1908
- Larimore v. ParkerSupreme Court of Kansas · 1921
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