Cackley v. Smith

The opinion of the court was delivered by

Johnston, J.:

Samuel J. Smith brought an action in the district court of Rice county against William Cackley, to recover upon a promissory note given for $915.95. He filed an affidavit stating that Cackley was a non-resident of Kansas, and procured the issuance of an order of attachment. An affidavit was also filed as a basis for service by publication, following which a service by publication was attempted. Real estate of Cackley, appraised at $1,500, was attached, and at the September term, 1885, of the court, a judgment was rendered in favor of Smith…