Douglas v. Rinehart
Supreme Court of Kansas
JError from. Leavenworth County. In addition to the statement of facts contained in 'the opinion, it also appears by the record that the “answer day,” fixed in the summons, was June 27th, 1869, which was Sunday.
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JError from. Leavenworth County. In addition to the statement of facts contained in 'the opinion, it also appears by the record that the “answer day,” fixed in the summons, was June 27th, 1869, which was Sunday. The petition in the court below was against the mortgagors, John O. Douglas and this plaintiff in error, his wife; and judgment creditors of John C. Douglas were made parties defendant, who answered, setting up their judgments, claiming a prior lien upon the mortgaged premises, and unite with the plaintiff below in a prayer for the sale thereof. The priority of the judgment lien was…
1Opinion of the Court
By the Court,
Safford, J.
This action was commenced by the filing of the petition of plaintiff and causing a summons to issue thereon, *396May 28th, 1869. Summons was returned on the 7th day of June following. Service was duly made on all of the defendants by copy on the 28th and 31st days of May, 1869.
„ Pleading: Timo of. The answer of the defendants, Douglas and wife was filed June 28th, 1869, as was also that of the other defendants, Rinehart, ei al. The answer day according to the summons was on the 27th day of June, 1869, but that date falling on Sunday, the said answers were properly filed on…
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