Goff v. Russell
Supreme Court of Kansas
Error from Bourbon County. The case fully appears in the opinion of the court. 1st. As to want of precipe, Civil Code, secs. 64 and 595. 2d. As to want of seal, Constitution, sec. 1, article 3 ; Civil Code, sec. 68; Comp. L., p. 454, sec. 4; 6 Ohio Rep., 11. 3d. As to the rendition of judgment by the court without the intervention of a jury, Constitution, “ Bill of Eights,” sec. 5; Civil Code, sec. 290. 4th.
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Error from Bourbon County. The case fully appears in the opinion of the court. 1st. As to want of precipe, Civil Code, secs. 64 and 595. 2d. As to want of seal, Constitution, sec. 1, article 3 ; Civil Code, sec. 68; Comp. L., p. 454, sec. 4; 6 Ohio Rep., 11. 3d. As to the rendition of judgment by the court without the intervention of a jury, Constitution, “ Bill of Eights,” sec. 5; Civil Code, sec. 290. 4th. That the errors complained of were available, Civil Code, sec. 526. As to first point, Civil Code, secs. 640, 595. 2d. Section 1 article 3, Constitution ; Comp. L., 454; Seeney’s O. Code,…
1Opinion of the Court
By the Court,
Safford, J.
The record shows that this suit was based upon an ordinary promissory note; that a summons was issued and duly served upon the defendant' below, now plaintiff in error; that no answer was filed nor appearance made by the defendant; that the cause was tried by the court, amount of damages assessed, and judgment rendered *214against the defendant Goff, who brings the case to this court on a petition in error.
Several errors are assigned :
First. That no precipe was filed with the clerk of the District Court, demanding that a summons issue against the defendant, and furnishing…
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