Fox v. Hudson
Supreme Court of Kansas
Error from Wilson District Court. Injunction, brought by Fox against Hudson and A. E. Smith, sheriff, etc. At the February Term 1877, the district court sustained a demurrer to the petition, and thereupon made an order dissolving a temporary injunction theretofore granted. From such order, and decision, Fox appeals, and brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Statement of the case. The defendant Hudson commenced an action in the district court of Wilson county against one Dustin, and the plaintiff in error, upon a promissory note, charging Dustin as maker and Fox as indorser, and to foreclose a mortgage given to secure this note. The allegations in Hudson’s petition were to the effect, that Dustin had executed the note and mortgage sued upon to Fox, who for a valuable consideration indorsed the note and assigned the mortgage to Hudson. Fox denied under oath the fact of his indorsement of the…
2Cases cited1 opinion
- French v. ShotwellNew York Court of Chancery · 1822
3Cited by7 opinions
- Whitehead v. CookSupreme Court of Oklahoma · 1924
- Reddick v. Webb, Collins and KirbySupreme Court of Oklahoma · 1897
- Harlow v. MasonSupreme Court of Kansas · 1916
- First Nat. Bank of Healdton v. DuncanSupreme Court of Oklahoma · 1930
- Harn v. Security Nat. Bank of Oklahoma CitySupreme Court of Oklahoma · 1918
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