Gross v. Funk
Supreme Court of Kansas
This action is here on error from Cowley district court. 'The action was brought by Gross, as plaintiff, on a promissory note and mortgage made by one Leanah Funk, in her lifetime, to Isaac Parker, Jr. Gross was an innocent purchaser for value of said note and mortgage, before the maturity thereof. W. J. Funk was sued as administrator of the estate of said Leanah Funk, deceased, and John W. Funk was joined as co-defendant, being the devisee of said Leanah.
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This action is here on error from Cowley district court. 'The action was brought by Gross, as plaintiff, on a promissory note and mortgage made by one Leanah Funk, in her lifetime, to Isaac Parker, Jr. Gross was an innocent purchaser for value of said note and mortgage, before the maturity thereof. W. J. Funk was sued as administrator of the estate of said Leanah Funk, deceased, and John W. Funk was joined as co-defendant, being the devisee of said Leanah. Plaintiff demanded judgment for $470.73, and interest, and for the foreclosure of the mortgage. Usury was pleaded as a partial defense. A…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
Where due notice of the time and place of settling and signing a case-made for the supreme court has been given to the adverse party, such party cannot ignore such notice, or treat it as a nullity, although the time fixed in such notice for settling and signing such case may be earlier than the ease could properly be settled and signed. (Nelson v. Becker, 14 Kas. 509, 510, and cases there cited.) And where the judge of the court, in the absence of the adverse-party, and without any objection from him or from any other person, settles and…
2Cases cited7 opinions
- Rice v. . ManleyNew York Court of Appeals · 1876
- Haynes v. CowenSupreme Court of Kansas · 1875
- Nelson v. BeckerSupreme Court of Kansas · 1875
- Cicotte v. GagnierMichigan Supreme Court · 1852
- Rahm v. King Wrought-Iron Bridge ManufactorySupreme Court of Kansas · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. GutekunstSupreme Court of Kansas · 1880
- Jones v. Charles P. Kellogg & Co.Supreme Court of Kansas · 1893
- State v. BakerSupreme Court of Kansas · 1896
- Ranney-Davis Mercantile Co. v. MorrisSupreme Court of Oklahoma · 1923
- Southwestern Surety Ins. Co. v. DietrichSupreme Court of Oklahoma · 1918
9 more not listed; retrieve them via the Exa API.