Kimball v. Connor
Supreme Court of Kansas
Error from Douglas County. The facts of the case are substantially as follows: The defendant in error, Jesse C. Connor, commenced an action April 10th, A. I). 1860, in the District Court of Douglas county against the plaintiffs in error and the defendant in error, Nathan Starks, to obtain judgment on a note made by said plaintiffs in error and one Frederick Kimball, now deceased, to said Connor for four hundred dollars, dated October 5th, 1859, payable six months after date…
Read the full summary
Error from Douglas County. The facts of the case are substantially as follows: The defendant in error, Jesse C. Connor, commenced an action April 10th, A. I). 1860, in the District Court of Douglas county against the plaintiffs in error and the defendant in error, Nathan Starks, to obtain judgment on a note made by said plaintiffs in error and one Frederick Kimball, now deceased, to said Connor for four hundred dollars, dated October 5th, 1859, payable six months after date with interest at three per cent per month until paid, and for foreclosure of mortgage on reserve number two in the city…
1Opinion of the Court
By the Courts
Crozier, C. J.
Considering them in their natural order rather than in the order in which they have been presented by counsel, the first assignment of error would be, that the court below erred in rendering judgment in favor of Starks. The ground of this objection is, that because Starks was a defendant, he could not lawfully have judgment against his co-defendants, although a prior mortgagee of the same premises sought to be subjected by the plaintiff to the payment of his mortgage. The position is that Starks should have filed a cross-petition and caused a summons *430against his…
2Cited by58 opinions
- Manzanares v. BellSupreme Court of Kansas · 1974
- Leiker Ex Rel. Leiker v. GaffordSupreme Court of Kansas · 1989
- Miller v. JohnsonSupreme Court of Kansas · 2012
- McCoy v. McCoySupreme Court of Oklahoma · 1911
- Tatlow v. BaconSupreme Court of Kansas · 1917
53 more not listed; retrieve them via the Exa API.