Rose v. Madden
Supreme Court of Kansas
The petition in the case is in the ordinary form. The copy of the note, on which the suit is founded, shows the H. H. Wilcox signed the note as security. [See Record, page 3.) Wilcox in his answer sets up this fact as a defense, so far as he is concerned. {See Record, p. 11.) The note proves this fact. „. Compiled laws, (p. 202, § 461,) provides how a judgment shall be rendered. The judgment in this case is not in accordance with the provisions of this section.
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The petition in the case is in the ordinary form. The copy of the note, on which the suit is founded, shows the H. H. Wilcox signed the note as security. [See Record, page 3.) Wilcox in his answer sets up this fact as a defense, so far as he is concerned. {See Record, p. 11.) The note proves this fact. „. Compiled laws, (p. 202, § 461,) provides how a judgment shall be rendered. The judgment in this case is not in accordance with the provisions of this section. This is an error appearing on the face of the record. (See Compiled Laws, p. 288, § 4; p. 215, §§ 526 and 527.) It is clear; from an…
1Opinion of the Court
By the Court,
Kinsman, J.
The plaintiff in error gave a note of which the following is a copy:
“ 271.25. On the first day of July next, we promise to pay W. W. Bobb two hundred and seventy-one dollars and twenty-five cents, value received.
“November 29, 1860.
Samuel C. Bose,
William Somers,
II. H. Wilcox, security.”
On this note, a judgment was rendered in the district court of Johnson county, against H. H. Wilcox as principal and against Bose and Somers as sureties, who bring the case to this court to reverse cr modify the judgment.
The only question presented by the petition in error is whether the…
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