Wells v. Patton
Supreme Court of Kansas
Error from Brown District Court. Action by Patton against Wells and another. Plaintiff had judgment against defendant, who comes here. The opinion states the facts.
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Error from Brown District Court. Action by Patton against Wells and another. Plaintiff had judgment against defendant, who comes here. The opinion states the facts. Where defendant in a civil action has been induced by plaintiff’s fraudulent representations to come within the jurisdiction of the court, the summons then served upon him will be set aside, and it seems that in such a case the action should be dismissed, even after defendant has made a voluntary general appearance therein. Townsend v. Smith, 3 N. W. Rep. (Wis.) 439. In this case, the defendant, Wells, was not inveigled into the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action in the court below brought by Robert Patton against William Wells and Robert Morrison to recover $3,300 for an alleged conspiracy by which Patton was cheated and defrauded. On the 12th day of February, 1889, the petition was filed in the district court of Brown county. On the same day, a summons was issued *734and served on Morrison, in Brown county; the defendant Wells not being found. On the 20th day of February, 1889, another summons was issued out of the Brown county court, and served on Wells in Norton county, this…
2Cases cited7 opinions
- Meixell v. KirkpatrickSupreme Court of Kansas · 1883
- Morgan v. Hannah's LesseeTennessee Supreme Court · 1849
- Brenner v. EglySupreme Court of Kansas · 1879
- Kaw Life Ass'n v. LemkeSupreme Court of Kansas · 1888
- Van Horn v. Great Western Manufacturing Co.Supreme Court of Kansas · 1887
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3Cited by16 opinions
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- King v. IngelsSupreme Court of Kansas · 1926
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