Knowles v. Armstrong
Supreme Court of Kansas
Error from Bourbon Bistrict Court. Armstrong had judgment upon default at the March Term 1874 of the district court, J. M. G., judge pro tern., presiding. Knowles, defendant, brings the case here on error. The errors alleged, and the facts, are sufficiently stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action in the district court of Bourbon county, to foreclose a note and mortgage given by plaintiff in error and his wife to one Robert Armstrong, and transferred by indorsement of the note, first by the payee to G. W. Stewart, and by Stewart to plaintiff, defendant in error. Personal service was made on Knowles and his wife, who filed an answer, and then by leave of the court withdrew their answer and appearance. The errors complained of are, that the court allowed protest damages on the note, and that under .the summons it…
2Cases cited1 opinion
- Weaver v. GardnerSupreme Court of Kansas · 1875