Moore v. Wade
Supreme Court of Kansas
Error from, Brown District Gowrt. Action brought by Samuel W. Wade as plaintiff, to declare a certain deed to be a mortgage, and to compel defendants to reconvey tbe mortgaged premises to him. Tbe action was commenced against Samuel G. Moore and Mora bis wife, and David P. WilUams and Mahala bis wife.
Read the full summary
Error from, Brown District Gowrt. Action brought by Samuel W. Wade as plaintiff, to declare a certain deed to be a mortgage, and to compel defendants to reconvey tbe mortgaged premises to him. Tbe action was commenced against Samuel G. Moore and Mora bis wife, and David P. WilUams and Mahala bis wife. Tbe summons was duly served on Moore and WilUams, the husbands, and they both signed an indorsement on the summons as follows: “March 8,1870: We the undersigned acknowledge service of tbe within summons for ourselves and wives.” No other service was made on tbe wife of either, and no appearance…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The plaintiffs in error (defendants below) *385claim that the court below had no jurisdiction of the persons of Nora E. Moore and Mabala Williams; tbat tbe petition of tbe plaintiff below (defendant in error) was not sufficient; tbat tbe court below erred in giving certain instructions to tbe jury, and also erred in refusing to give certain other instructions to tbe jury which tbe plaintiffs in error asked to have given; and they also raise questions as to tbe correctness of tbe verdict of tbe jury, tbe correctness and effect of tbe findings…
2Cases cited8 opinions
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Wing v. CooperSupreme Court of Vermont · 1864
- Bolster v. CatterlinIndiana Supreme Court · 1858
- Higgins v. FreemanThe Superior Court of New York City · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Gaar, Scott & Co. v. RogersSupreme Court of Oklahoma · 1915
- Ross v. HixonSupreme Court of Kansas · 1891
- McCrum v. CorbySupreme Court of Kansas · 1873
28 more not listed; retrieve them via the Exa API.