Jenks v. School District
Supreme Court of Kansas
Error from Coffey District Court. Action by School District No. 38, Coffey county, upon an official bond given by Walker, as treasurer. Service was made upon Jenks and Fleming, two of the defendants. Fleming made default, and judgment was taken against him for the full amount claimed. Jenks answered, and as to him,' trial was had, and judgment rendered for plaintiff. Jenks brings the ease here.
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Error from Coffey District Court. Action by School District No. 38, Coffey county, upon an official bond given by Walker, as treasurer. Service was made upon Jenks and Fleming, two of the defendants. Fleming made default, and judgment was taken against him for the full amount claimed. Jenks answered, and as to him,' trial was had, and judgment rendered for plaintiff. Jenks brings the ease here. The opinion of the court contains a sufficient statement of the facts and proceedings.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action on ■ a bond of a treasurer of a school district, brought by the district against E. S. Walker, principal, and D. J. Jenks and another as sureties. Service of the summons was made on Jenks, plaintiff in error, but as to Walker the summons was returned not served, as said defendant could not be found in Coffey county, and had no place of residence in such county. Jenks filed a general denial to the petition, and also set forth in his answer certain sums paid out by Walker as such treasurer, upon orders duly drawn upon…
2Cases cited2 opinions
- Backus v. ClarkSupreme Court of Kansas · 1863
- Altschiel v. SmithSupreme Court of Kansas · 1872
3Cited by7 opinions
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- Hays v. ClosonSupreme Court of Kansas · 1878
- Swerdsfeger v. StateSupreme Court of Arkansas · 1879
- Schilling v. BlackSupreme Court of Kansas · 1892
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