Payne v. First National Bank
Supreme Court of Kansas
PJrror from Wyandotte District Qowrt. Action on promissory note, against two parties, as defendants. An order of attachment was obtained, and levied on property of defendants. The summons was returned “Not found,” as to both defendants. Defendant Bowen made no appearance. Defendant Payne appeared and moved to dissolve the attachment, and he also filed a separate answer to the petition. Other facts and proceedings are stated in the opinion.
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PJrror from Wyandotte District Qowrt. Action on promissory note, against two parties, as defendants. An order of attachment was obtained, and levied on property of defendants. The summons was returned “Not found,” as to both defendants. Defendant Bowen made no appearance. Defendant Payne appeared and moved to dissolve the attachment, and he also filed a separate answer to the petition. Other facts and proceedings are stated in the opinion. Trial at the September Term 1874 of the' district court. The plaintiff’s petition set forth the note sued on, and alleged its due execution. No evidence…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on a promissory note. The note was executed in the state of Missouri by Emmer Bowen and W. W. Payne, as makers, to The First National Bank of Kansas City, Missouri, as payee, and the action was brought by the payee against the makers in the district court of Wyandotte county, Kansas. All the parties reside in the state of Missouri. The plaintiff in error therefore claims that the district court did not have jurisdiction either of the parties or the subject-matter of the action, merely because the parties reside in…
2Cases cited5 opinions
- Burton v. BoydSupreme Court of Kansas · 1871
- DaLee v. BlackburnSupreme Court of Kansas · 1873
- Swenson v. Aultman, Miller & Co.Supreme Court of Kansas · 1875
- Reed v. ArnoldSupreme Court of Kansas · 1872
- Craft v. BentSupreme Court of Kansas · 1871
3Cited by6 opinions
- Cardin v. AppleSupreme Court of Kansas · 1939
- Young v. McGuanSupreme Court of Kansas · 1940
- Clouston v. GraySupreme Court of Kansas · 1892
- State v. BrothertonSupreme Court of Kansas · 1930
- Larimore v. ParkerSupreme Court of Kansas · 1921
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