Howe Machine Co. v. Miner
Supreme Court of Kansas
Error from Bourbon:District Court. Action brought by the Howe Machine (\ompany against Miner and others, to foreclose a judgment lien. May 5,1881, the defendant Louisa Miner filed a motion asking that all that part of the petition be stricken out which referred to the land,, the lien, and the rights of defendant in and thereto. The court sustained the motion, and trimmed the petition down to a simple suit for money only against this defendant on a former judgment.
Read the full summary
Error from Bourbon:District Court. Action brought by the Howe Machine (\ompany against Miner and others, to foreclose a judgment lien. May 5,1881, the defendant Louisa Miner filed a motion asking that all that part of the petition be stricken out which referred to the land,, the lien, and the rights of defendant in and thereto. The court sustained the motion, and trimmed the petition down to a simple suit for money only against this defendant on a former judgment. The plaintiff excepted, but afterward took leave to amend, and did file an amended petition setting up all the facts with greater…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action in which the plaintiff in error, plaintiff below, attempted to foreclose a judgment lien. The district court held that this could not be done, and under the facts as stated in the petition we think the ruling of the district court was correct. On February 3, 1881, this action was commenced against Louisa Miner, Samuel Miner her husband, and Frederick Foster, in the district court of Bourbon county. The facts as stated in the petition are substantially as follows: On December 18, 1876, the plaintiff obtained judgment in…
2Cases cited4 opinions
- Douglass v. NuzumSupreme Court of Kansas · 1876
- Bullene v. HiattSupreme Court of Kansas · 1873
- Stephens v. BealSupreme Court of Georgia · 1848
- Coleman v. RivesCourt of Appeals of Mississippi · 1852
3Cited by7 opinions
- Hibernia Savings & Loan Society v. London & Lancashire Fire InsuranceCalifornia Supreme Court · 1903
- Gilchrist v. Helena Hot Springs & Smelter R.U.S. Circuit Court for the District of Montana · 1893
- Mobile Savings Bank v. BurkeSupreme Court of Alabama · 1891
- Chatfield v. CampbellNew York Supreme Court · 1901
- Middlesworth v. Houston Oil Co. of TexasCourt of Appeals for the Fifth Circuit · 1911
2 more not listed; retrieve them via the Exa API.