Legal Opinion · Concurrence
Potter v. Payne
Supreme Court of Kansas
Decided January 15, 1884Published
Error from Sumner District Court. Action by Payne against Potter and three others, to foreclose a mortgage. At the April term, 1883, the court overruled the motion of the defendants to quash the summons on the ground that the surety on the cost bond is an attorney at law. This ruling the defendants bring to this court. The opinion states the facts.
1Concurrence
Horton, C. J.:
I concur in the decision rendered; but desire to add, that when the case of Cook v. Caraway, 29 Kas. 41, was before us, the question above decided was not suggested or considered.
2Cases cited1 opinion
- Cook v. CarawaySupreme Court of Kansas · 1882