Tootle, Hanna & Co. v. Ellis

*423The opinion of the court was delivered by

Cunningham, J. :

Tootle, Hanna & Co. sued Ellis & Co. in the district court of Osage county, Kansas, their cause of action being on four promissory notes executed by the defendants. A summons was issued, regular in all respects, except that “the amount for which, with interest, judgment would be taken if the defendant failed to answer1" was not indorsed thereon. The precipe for summons filed by the plaintiffs did not request that it should be indorsed. Judgment was rendered for $1200, by default, on November 18, 1885. This judgmónt was kept alive, and…