Legal Opinion

Truitt v. Baird

Supreme Court of Kansas

Decided January 15, 1874PublishedCited by 7 opinions

Error from Lyon District Gourt't. Action by Baird to foreclose a mortgage given to him by Truitt and wife. A motion to quash the summons, was overruled. The answer set upon a counterclaim, or set-off,-and damages for breach of contract, as defenses. The case was tried at the September Term 1872, of the district court. Verdict for plaintiff, and judgment of foreclosure, a.nd for sale of the mortgaged property. Truitt and wife bring the case here.

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Error from Lyon District Gourt't. Action by Baird to foreclose a mortgage given to him by Truitt and wife. A motion to quash the summons, was overruled. The answer set upon a counterclaim, or set-off,-and damages for breach of contract, as defenses. The case was tried at the September Term 1872, of the district court. Verdict for plaintiff, and judgment of foreclosure, a.nd for sale of the mortgaged property. Truitt and wife bring the case here. The averments of the pleadings, and the facts upon which several questions of practice arise, are stated in the opinion, infra. 1. The constitution,…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Two questions are presented in this case. One arises on a motion to set aside a summons. The summons commenced in this form: “The State'of Kansas, Lyon county, ss.: To the Sheriff of Lyon county,” etc. The constitution provides that “The style of all process shall be 'The State of Kansas.’” (Art. 3, § 17.) It is insisted that “The State of Kansas”- is limited by Lyon county, and that the command to the sheriff is from the county and not from the state. This error, if error it be, is purely technical, and does not affect .the substantial…

2Cited by7 opinions

  1. Markowitz v. Kansas CitySupreme Court of Missouri · 1894
  2. Aultman & Taylor Machinery Co v. WierSupreme Court of Kansas · 1903
  3. Schall v. Northland Motor Car Co.Supreme Court of Minnesota · 1913
  4. White v. ScottSupreme Court of Kansas · 1881
  5. State v. WootenArizona Supreme Court · 1927

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