Ramsdell v. Hulett
Supreme Court of Kansas
Error from Russell District Court. The facts appear in the opinion. The cross-petition of defendant, Frank Hulett, does not state facts sufficient to constitute a cause of action against the plaintiffs in error. Drake v. National Bank, 33 Kas. 634-639; Smythe v. Parsons, 87 id. 79-81. “ The right of action must be complete before the action is brought.” 1 Wait’s Ac. and Def. 41, and cases cited.
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Error from Russell District Court. The facts appear in the opinion. The cross-petition of defendant, Frank Hulett, does not state facts sufficient to constitute a cause of action against the plaintiffs in error. Drake v. National Bank, 33 Kas. 634-639; Smythe v. Parsons, 87 id. 79-81. “ The right of action must be complete before the action is brought.” 1 Wait’s Ac. and Def. 41, and cases cited. See, also, Brown v. Mining Co., 32 Kas. 532; Reynolds v. Thomas, 28 id. 814; Hutchinson v. Benedict, 49 id. 545. By the terms of this mortgage, under which the note is claimed to have matured, the…
1Opinion of the Court
Opinion by
Green, C.:
On the 25th day of March, 1889, the American State Bank brought a foreclosure suit against K. W. Robbins and others, in the district court of Russell county. Neither Frank Hulett nor J. T. Ramsdell was originally a party to the action. On the 10th day of June, 1889, the American State Bank obtained a judgment and decree of foreclosure. On the 6th day of September, 1889, Frank Hulett filed his answer and cross-petition, in which, among other things, he alleged that, on April fourth, 1887, J. T. Ramsdell and Mary F. Ramsdell executed to K. W. Robbins their promissory note,…
2Cases cited3 opinions
- Koehring ex rel. Martin v. MuemminghoffSupreme Court of Missouri · 1875
- Smythe v. ParsonsSupreme Court of Kansas · 1887
- Drake v. First National Bank of Fort ScottSupreme Court of Kansas · 1885
3Cited by11 opinions
- State Ex Rel. Northwestern Mutual Life Insurance v. BlandSupreme Court of Missouri · 1945
- Baird v. MeyerNorth Dakota Supreme Court · 1927
- United States v. ReisCourt of Appeals for the Tenth Circuit · 1954
- Lewis v. LewisSupreme Court of Kansas · 1897
- Hollywood Union High School District v. KeyesCalifornia Court of Appeal · 1909
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