Hastie v. Burrage

The opinion of the court was delivered by

Cunningham, J.:

This was an action on a note and for the foreclosure of a mortgage given to secure the same. The petition nowhere in its caption or body *561recited “the name of the court and the county in ■which the action is brought,” as provided in section 87 of the code of civil procedure (Gen. Stat. 1901, § 4521). It was, however, indorsed upon the outside “No. 9019, district court, Sumner county, Kansas,” and was filed in that court.- Upon a prseeipe properly entitled, a summons was issued and duly served on the defendants. Conceiving that this…