Clough v. McDonald
Supreme Court of Kansas
Error from Leavenworth District Court. Action by McDonald, a sub-contractor, against Samuel McFarland, as contractor, and W. McN. Clough as owner, to recover the amount due him for work and labor on a house built for Clough by McFarland, and to enforce a mechanic’s lien for such amount. Mary, the wife of said Clough, was joined as a co-defendant. The facts, and proceedings, and alleged error, are sufficiently set forth in the opinion, infra.
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Error from Leavenworth District Court. Action by McDonald, a sub-contractor, against Samuel McFarland, as contractor, and W. McN. Clough as owner, to recover the amount due him for work and labor on a house built for Clough by McFarland, and to enforce a mechanic’s lien for such amount. Mary, the wife of said Clough, was joined as a co-defendant. The facts, and proceedings, and alleged error, are sufficiently set forth in the opinion, infra. The district court gave judgment in favor of McDonald, at the May Term 1875, and Clough and wife bring the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
i.Summons; * return-day ana service. The first question presented in this case is, whether the summons as served on Mary A. Clough is void, or voidable. The only ground upon which it is claimed that it is void, is, that the summons was made returnable in less than ten days after its date. And the only statutes upon which this claim is based, are the following:: Sec- , 7 0 ti0n 61 of the civil code provides, that “the summons shall be served and returned by the officer to whom it is delivered * * * within ten days from its date.” (Gen.…
Also in this document: Concurrence.
2Cases cited2 opinions
- Delahay v. GoldieSupreme Court of Kansas · 1876
- Shellabarger v. ThayerSupreme Court of Kansas · 1875
3Cited by26 opinions
- Steinback v. . DiepenbrockNew York Court of Appeals · 1899
- Fossett v. Rock Island Lumber & Manufacturing Co.Supreme Court of Kansas · 1907
- Jarvis v. State BankSupreme Court of Colorado · 1896
- Sheldon v. SheldonNew Jersey Court of Chancery · 1926
- Continental Ins. Co. v. NormanSupreme Court of Oklahoma · 1918
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