Gaylord v. Stebbins
Supreme Court of Kansas
Error from Atchison Comity. Tbe facts of tlie case are set forth in the subjoined opinion of the court. 1. The answers unverified were not nullities; plaintiffs should have.- moved to strike them out at the first opportunity. They cannot lie by until trial, and then deprive defendants of their defense, by objecting to testimony. Sioan’s PI., 221; Wash PI., 97; 2 Code J¿., 16; 4 Wow.
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Error from Atchison Comity. Tbe facts of tlie case are set forth in the subjoined opinion of the court. 1. The answers unverified were not nullities; plaintiffs should have.- moved to strike them out at the first opportunity. They cannot lie by until trial, and then deprive defendants of their defense, by objecting to testimony. Sioan’s PI., 221; Wash PI., 97; 2 Code J¿., 16; 4 Wow. P., 153. 2. At most, want of verification of answer dispensed with proof of-signatures simply; so that the mortgage could be read for what it was worth, and if it referred to a power of attorney, to admit that…
1Opinion of the Court
By the Qourb,
Safford, J.
This was an action brought by the defendants in error against the plaintiffs in error, on a note and mortgage. Thepetition alleged the execution of the note by William F. Gaylord, and that in order to secure the payment thereof, the said William F. Gaylord, together with all of the other defendants, duly executed and delivered to said Stebbins and Porter their certain deed of mortgage of certain real estate described therein, which said deed of mortgage had a condition thereunder written, to wit: “That if the said William F. Gay-lord should pay the said promissory note…
2Cited by11 opinions
- St. Louis S. F. R. Co. v. BrunerSupreme Court of Oklahoma · 1915
- Consolidated Steel & Wire Co. v. Burnham, Hanna, Munger & Co.Supreme Court of Oklahoma · 1899
- Wright v. BachellerSupreme Court of Kansas · 1876
- Williams v. CampbellSupreme Court of Kansas · 1911
- St. Louis & San Francisco Railway Co. v. DudgeonSupreme Court of Kansas · 1882
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