Barber Asphalt Paving Co. v. Botsford
Supreme Court of Kansas
Error from Shawnee District Court. Action by Botsford and another against the Barber Asphalt Paving Company and C. E. Squires. Judgment for plaintiffs. Defendants brought the case to this court. Defendants in error moved to dismiss the proceedings in error. The facts sufficiently appear in the opinion, filed January 7, 1893.
1Opinion of the Court
*332The opinion of the court was delivered by
Johnston, J.:
On March 17, 1891, Charles L. Botsford and Samuel D. D. Smith recovered a judgment against the plaintiffs in error for $5,426.66, and also an order for the sale of certain attached property. On February 25, 1892, a petition in error was filed in the supreme court, and a summons in error was issued on the same day, directed to the sheriff of Atchison county, for service on the defendants in error. Service was made upon Smith in due time, but no service was obtained upon Botsford until the early part of August, 1892, which was nearly 17…
2Cases cited3 opinions
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