Starkweather v. Morgan
Supreme Court of Kansas
Error from Clay Eistriot Court. Appeal, by Starkweather and wife, from an order of the district court, at the May Term 1874, overruling a motion to set aside the sheriff’s return of service of a summons. The facts are set forth in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
On the 19th of March 1874, defendant in error commenced an action in the district court of Clay county against the plaintiffs in error, who are husband and wife, to foreclose a mortgage. The petition set forth a note signed by the husband, and alleged the execution of a mortgage by both. On the 21st of March a summons was duly issued, and returned on the 28th with an indorsement of personal service by the sheriff upon each of the defendants. Afterward, and at the May Term of court, the husband making no appearance or defense, the wife makes…
2Cases cited1 opinion
- Bond v. WilsonSupreme Court of Kansas · 1871
3Cited by10 opinions
- Chambers Bros. & Co. v. King Wrought-Iron Bridge ManufactorySupreme Court of Kansas · 1876
- Connell v. GalligherNebraska Supreme Court · 1893
- Jensen v. CrevierSupreme Court of Minnesota · 1885
- Wyland v. FrostSupreme Court of Iowa · 1888
- Huntington v. CrouterOregon Supreme Court · 1898
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