Smith v. Gore
Supreme Court of Kansas
Error from Leavenworth District Court. Action brought by Gore, against Smith and various other-defendants, to subject a certain note and mortgage held by Smith against one Michael McDonald, to the payment of a. certain judgment held by plaintiff against said Smith. Trial at the September Term, 1879, of the district court, and judgment for the plaintiff. Smith brings the case here.
1Opinion of the Court
*489The opinion of the court was delivered by
Valentine, J.:
This was an action to subject a certain note and mortgage held by Henry D. Smith against Michael McDonald to the payment of a certain judgment held by Emory E. Gore against Henry D. Smith. Gore commenced the action against Smith and McDonald, and made various other persons parties defendant. Smith, however, was the only real party defendant, and he is now the only plaintiff in error. All the other parties were and are satisfied with the judgment rendered by the court below. The only defense to the action was and is, that said note and…
2Cases cited2 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Watkins v. BlatschinskiWisconsin Supreme Court · 1876
3Cited by17 opinions
- Orange Brevard Plumbing & Heating Co. v. La CroixSupreme Court of Florida · 1962
- Field v. GoatSupreme Court of Oklahoma · 1918
- In Re GintherUnited States Bankruptcy Court, D. Kansas · 2002
- In Re SipkaDistrict Court, D. Kansas · 1992
- Pefly v. ReynoldsSupreme Court of Kansas · 1924
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