Luke v. Johnnycake
Supreme Court of Kansas
Drror from Wyandotte District Court. Luke bought from Johnny calce 160 acres of land, and for the deferred payments gave two notes, and secured said notes, by a mortgage on the premises purchased, executed by himself and wife. After one of said notes had become dueJohnwycahe brought his action to foreclose said mortgage. A trial was had, the verdict set aside, and a new trial granted.
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Drror from Wyandotte District Court. Luke bought from Johnny calce 160 acres of land, and for the deferred payments gave two notes, and secured said notes, by a mortgage on the premises purchased, executed by himself and wife. After one of said notes had become dueJohnwycahe brought his action to foreclose said mortgage. A trial was had, the verdict set aside, and a new trial granted. The second note had then matured; and on leave, Johnnyealce filed- an amended petition, praying judgment for the amount due on the two notes, and for foreclosure, etc. The-amended petition was filed April 17th…
1Opinion of the Court
'The opinion of the court was delivered by
Kingman, C. J.:
The answer and reply were filed out of time, and without leave, or consent. On motion of plaintiff .they were stricken from the files; but with leave of the ■court, on showing made, were refiled, and the cause was tried •on the issues so made up. Whether the order was right or wrong, unless defendants suffered some injury thereby they •cannot claim a reversal of the case on' that ground, as they had the benefit of their answer. But it is urged that by that ■action they were forced into trial, at that term, without preparation. Without…
2Cited by16 opinions
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- American Bridge Co. v. MurphySupreme Court of Kansas · 1874
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