Downing v. W. J. Gow & Bros. Mortgage Investment Co.
Supreme Court of Kansas
Error from, Graham, District Court. On the 26th day of November, 1888, James and Tempty Downing filed their bill of particulars against The W. J. Gow & Bros. Investment Company before a justice of the peace of Graham county, alleging that the sum of $300 was due them from the defendant on August 24,1888, and praying for judgment for this sum, with interest at the rate of 7 per cent, from that date, with costs.
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Error from, Graham, District Court. On the 26th day of November, 1888, James and Tempty Downing filed their bill of particulars against The W. J. Gow & Bros. Investment Company before a justice of the peace of Graham county, alleging that the sum of $300 was due them from the defendant on August 24,1888, and praying for judgment for this sum, with interest at the rate of 7 per cent, from that date, with costs. Thereafter the defendant filed the following motion: “Now come the defendants, by ¥m. Lawson, their attorney, appearing specially and for the purpose of a motion only and to challenge…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
It is conceded that the summons issued in this case was not served upon the defendant company. The appearance of the defendant was merely for the purpose of contesting the regularity of the summons and the alleged service thereof, and to obtain a dismissal of the action for these reasons only. This cannot be construed into a waiver of jurisdiction, or a waiver of service, or a general appearance. (Simcock v. National Bank, 14 Kas. 529; Packing Co. v. Casing Co., 34 id. 340.)
We are referred to Handy v. Insurance Co., 37 Ohio St. 366, as an…
2Cases cited2 opinions
- Wagstaff v. ChallissSupreme Court of Kansas · 1884
- Simcock v. First National BankSupreme Court of Kansas · 1875
3Cited by1 opinion
- Silver City Mercantile Co. v. District Court of Utah CountyUtah Supreme Court · 1920