Legal Opinion

Harrison v. Beard

Supreme Court of Kansas

Decided July 15, 1883PublishedCited by 16 opinions

Error from Cloud District Court. The nature of the action, and the facts, appear in the opinion. The plaintiff Harrison brings to this court certain rulings and orders made at the August Term, 1883, of the district court.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action on certain notes secured by a mortgage upon real estate. Service of summons *533was made on certain of the defendants by publication only. The affidavit upon which service was obtained was made by one C. W. McDonald, the authorized agent of the plaintiff, and concluded with the words, “to the best of his knowledge, information and belief.” Judgment was rendered as prayed for in the petition, and the mortgaged premises sold thereunder. A motion was afterward filed by the plaintiff to confirm the sale. One of the defendants…

2Cases cited2 opinions

  1. City of Atchison v. BartholowSupreme Court of Kansas · 1866
  2. Burton v. RobinsonSupreme Court of Kansas · 1870

3Cited by16 opinions

  1. Ballew v. YoungSupreme Court of Oklahoma · 1909
  2. Henderson v. ReynoldsIndiana Supreme Court · 1907
  3. Leigh v. GreenNebraska Supreme Court · 1901
  4. Spaulding v. PolleySupreme Court of Oklahoma · 1911
  5. Lewis v. Wanamaker Baptist ChurchCourt of Appeals of Kansas · 1984

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