Legal Opinion

Goddard v. Harbour

Supreme Court of Kansas

Decided May 9, 1896No. 8437PublishedCited by 22 opinions

Error from Chase District Court. This action was brought by John J. Harbour and Prances J. Harbour against E. A. Kinne, sheriff of Chase county, J. H. Goddard, Erastus Replogle, and Herbert E. Ball, to enjoin the enforcement of a judgment rendered in favor of Goddard against the plaintiffs for the sum of $2,209.70, and foreclosing a mortgage on their homestead, on the ground that the judgment was rendered without jurisdiction.

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Error from Chase District Court. This action was brought by John J. Harbour and Prances J. Harbour against E. A. Kinne, sheriff of Chase county, J. H. Goddard, Erastus Replogle, and Herbert E. Ball, to enjoin the enforcement of a judgment rendered in favor of Goddard against the plaintiffs for the sum of $2,209.70, and foreclosing a mortgage on their homestead, on the ground that the judgment was rendered without jurisdiction. It appeared on the trial that a summons in due form was issued and delivered to the sheriff of Chase county, where the parties resided, and^ that Ms return was duly…

1Opinion of the Court

The opinion of the court was delivered by

Allen, J. :

A motion is made to dismiss this proceeding because the sheriff and Herbert E. Ball, who were parties in the court below, are not made parties here. While they were proper parties in the district court, the sheriff had no interest in the litigation, but *746was made a defendant merely because he held an order of sale issued on the judgment, which he was about to execute, and Ball is shown by the pleadings to have had no interest in the litigation, being merely the trustee named in the original mortgage. They are not necessary parties in this…

2Cases cited17 opinions

  1. Ferguson v. . CrawfordNew York Court of Appeals · 1877
  2. Dunklin v. WilsonSupreme Court of Alabama · 1879
  3. Stewart v. StewartWest Virginia Supreme Court · 1885
  4. Mastin v. GraySupreme Court of Kansas · 1878
  5. Gatlin v. DibrellTexas Supreme Court · 1889

12 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Swearingen v. SwearingenCourt of Appeals of Texas · 1917
  2. Haley v. HershbergerSupreme Court of Kansas · 1971
  3. Smoot v. JuddSupreme Court of Missouri · 1904
  4. Dubois v. ClarkColorado Court of Appeals · 1898
  5. Ray v. HarrisonSupreme Court of Oklahoma · 1912

17 more not listed; retrieve them via the Exa API.

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