Brumbaugh v. Wilson
Supreme Court of Kansas
Appeal from Hodgeman district court; Charles E. Lobdell, judge. STATEMENT. On March 18, 1901, the appellee brought an action in the district court of Hodgeman county to recover a judgment on a note of $600 and to foreclose a mortgage given on land in that county to secure the payment of the note.
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Appeal from Hodgeman district court; Charles E. Lobdell, judge. STATEMENT. On March 18, 1901, the appellee brought an action in the district court of Hodgeman county to recover a judgment on a note of $600 and to foreclose a mortgage given on land in that county to secure the payment of the note. The appellants were made parties defendant, and the petition alleged that since the execution of the note and mortgage they had purchased the lands, and by the terms of their deed therefor had assumed the payment of the note and mortgage. On March 18, 1901, a summons was duly issued to the sheriff of…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The appellants in this case do not in their motion ask that the judgment be opened up and that they be allowed to come in and defend, that jus*56tice to all parties may be done. On the other hand they seek to avoid the proceedings under the judgment, and aver (1) that no judgment should have been rendered for the reason that there was no legal process served or notice given to confer jurisdiction on the court, as the affidavit for publication was not true; (2) that there should have been no judgment for the reason that the petition does not…
2Cases cited6 opinions
- Rowe v. PalmerSupreme Court of Kansas · 1883
- Davis v. Vinson Land Co.Supreme Court of Kansas · 1907
- Board of County Commissioners v. Equitable Investment Trust Co.Supreme Court of Kansas · 1909
- Horner v. EllisSupreme Court of Kansas · 1907
- Chellis v. CobleSupreme Court of Kansas · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Roberts v. GibsonSuperior Court of Pennsylvania · 1969
- Personal Industrial Loan Corporation, Now Known as Beneficial Industrial Loan Corporation v. Kenneth Dickson ForgayCourt of Appeals for the Tenth Circuit · 1957
- Wray v. HowardSupreme Court of Oklahoma · 1920
- State Ex Rel. Delmoe v. District CourtMontana Supreme Court · 1935
- State Ex Rel. Yuhas v. Board of Medical ExaminersMontana Supreme Court · 1959
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