Bond v. Wilson
Supreme Court of Kansas
Error from Bov/rbon District Oowrt. Bond brought suit against Wilson to foreclose a mortgage. The summons was directed to the sheriff of Bourbon county, who made return thereof as follows: “ Served by leaving a certified copy of the original summons, with all the indorsements thereon, at the usual place of residence of the within named defendant, Charles N. Wilson, in my county, this 19th day of January, 1871.” At the March Term, 1871, the defendant appeared specially, and…
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Error from Bov/rbon District Oowrt. Bond brought suit against Wilson to foreclose a mortgage. The summons was directed to the sheriff of Bourbon county, who made return thereof as follows: “ Served by leaving a certified copy of the original summons, with all the indorsements thereon, at the usual place of residence of the within named defendant, Charles N. Wilson, in my county, this 19th day of January, 1871.” At the March Term, 1871, the defendant appeared specially, and moved to quash and set aside such return; and in sup]iort of said motion the affidavit of Thomas L. Wilson was filed, in…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, O. J.:
The sheriff’s return on the summons in this case is, that it was executed “by leaving a copy thereof at the usual place of residence of the defendant.” A motion was made to set aside the return. On this motion an affidavit was read which shows that the defendant is a non-resident, and had been for several months before this action wss commenced, and had no residence in this State; that the copy of the summons was left at the house of the father of the defendant, who makes the affidavit. The court set aside the sheriff’s return.
Can a…
2Cases cited3 opinions
- Carr v. Commercial Bank of RacineWisconsin Supreme Court · 1862
- Watson v. WatsonSupreme Court of Connecticut · 1827
- People ex rel. Attorney Gen. v. BrownCalifornia Supreme Court · 1860
3Cited by28 opinions
- Hollinger v. HollingerSupreme Court of Pennsylvania · 1965
- Mastin v. GraySupreme Court of Kansas · 1878
- Smoot v. JuddSupreme Court of Missouri · 1904
- Chambers Bros. & Co. v. King Wrought-Iron Bridge ManufactorySupreme Court of Kansas · 1876
- Hanson v. WolcottSupreme Court of Kansas · 1877
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