Hopkins v. Cothran
Supreme Court of Kansas
Error from Shawnee Distriet Court. Foreclosure of mortgage, brought by Cothran against Hophins and wife. Amount of principal debt claimed, $4,200. Defense, usury to amount of $275. The answer was due and was filed 7th November 1873. Reply filed, 8th November. An amended answer was filed 6th January 1874. Trial, and judgment for plaintiff, at June Term 1874 of the district court. The case was brought here on error by defendants Hophins and Hophins.
Read the full summary
Error from Shawnee Distriet Court. Foreclosure of mortgage, brought by Cothran against Hophins and wife. Amount of principal debt claimed, $4,200. Defense, usury to amount of $275. The answer was due and was filed 7th November 1873. Reply filed, 8th November. An amended answer was filed 6th January 1874. Trial, and judgment for plaintiff, at June Term 1874 of the district court. The case was brought here on error by defendants Hophins and Hophins. The subsequent proceedings in the district court, and in this court, are stated in the second opinion, infra. Two opinions were written and filed,…
1Opinion of the Court
FIRST OPINION.
The opinion of the court was delivered by
Valentine, J.:
About the only thing complained of in this case is, that the court below did not give sufficient attention to the amended answer of the defendants below, plaintiffs in error. Now when this amended answer was filed the case stood upon petition, answer, and reply, and the time for filing an answer had long previously passed. The amended answer appears to have been filed out of time, without leave of the *175court or judge, and without the consent of the plaintiff. It was therefore proper for said court and judge to treat said…
2Cases cited7 opinions
- Town of Leroy v. McConnellSupreme Court of Kansas · 1871
- Educational Ass'n of Christian Churches v. HitchcockSupreme Court of Kansas · 1866
- Luke v. JohnnycakeSupreme Court of Kansas · 1872
- State v. HeroldSupreme Court of Kansas · 1872
- Auld v. KimberlinSupreme Court of Kansas · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Holt v. HoltSupreme Court of Oklahoma · 1909
- Quimby v. BoydSupreme Court of Colorado · 1884
- State National Bank v. LowensteinSupreme Court of Oklahoma · 1915
- Hanson v. KendtSupreme Court of Kansas · 1915
- Chicago, Rock Island & Pacific Railway Co. v. FrazierSupreme Court of Kansas · 1903
6 more not listed; retrieve them via the Exa API.