Gerson v. Hanson
Supreme Court of Kansas
Error from, Harvey District Court. Action brought August 3,1883, by Joseph Qerson, assignee of J. Wesléy Lightbody, against T. N. Hanson and 8. Lehman, to recover $1,400 upon the following written undertaking: “ W. J. Wilson, plaintiff, v. J. Wesley Lightbody, James McGee, defendants.— Whereas, said plaintiff has commenced a civil action against said defendant in said court to recover the sum of $5,371, and has applied to the clerk of said court by filing the necessary…
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Error from, Harvey District Court. Action brought August 3,1883, by Joseph Qerson, assignee of J. Wesléy Lightbody, against T. N. Hanson and 8. Lehman, to recover $1,400 upon the following written undertaking: “ W. J. Wilson, plaintiff, v. J. Wesley Lightbody, James McGee, defendants.— Whereas, said plaintiff has commenced a civil action against said defendant in said court to recover the sum of $5,371, and has applied to the clerk of said court by filing the necessary affidavit for an order of attachment to be issued in said action against the defendant: Now, therefore, we, W. J. Wilson…
1Opinion of the Court
*592The opinion of the court was delivered by
Horton, C. J.:
The contention on the part of the plaintiff is, that the written undertaking or obligation executed by W. J. Wilson, T. Hanson and S. Lehman is joint and several, and that an action may be brought and prosecuted against any one or all of the obligors at the option of the plaintiff. (Comp. Laws of 1879, ch. 21, § 4; Code, § 39; Comm’rs of Jefferson Co. v. Swain, 5 Kas. 382.) It is next contended that in all cases of such obligations, the plaintiff may at his option dismiss as to some of the defendants and proceed against others. (Silvers…
2Cases cited6 opinions
- Turner v. CrawfordSupreme Court of Kansas · 1875
- Camp v. McGillicuddySupreme Court of Iowa · 1859
- Silvers v. FosterSupreme Court of Kansas · 1872
- Sawyer v. ChambersNew York Supreme Court · 1860
- Board Com'rs Jefferson Co. v. SwainSupreme Court of Kansas · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Linn County Bank v. GrishamSupreme Court of Kansas · 1919
- Goodrich v. WilliamsonSupreme Court of Oklahoma · 1901
- St. Louis-San Francisco Ry. Co. v. BlakeCourt of Appeals for the Tenth Circuit · 1929
- Pfannenstiel v. Central Kansas Power Co.Supreme Court of Kansas · 1960
- Swenney v. HillSupreme Court of Kansas · 1902
3 more not listed; retrieve them via the Exa API.