Miner v. Pearson
Supreme Court of Kansas
Error from Franklin District Court. The facts in this case sufficiently appear in the opinion. The district court, at the November Term 1871, upon defendants’ default, gave judgment in favor of Miner, as plaintiff,' against Walter G. Pearson only, one of the two defendants sued, and duly served. Because such judgment was not given against both defendants, the plaintiff brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Samuel Miner against Louisa B. Pearson and Walter C. Pearson on a promissory note and a mortgage. The petition below alleged that both of the defendants executed said note and mortgage; and the copy of the note attached to the petition shows that both of the defendants executed the note, the name of Louisa B. Pearson being signed to the note first. It does not seem from the record that a copy of the mortgage was attached to the petition. The petition prayed for a personal judgment against both of the…
2Cases cited9 opinions
- Monroe v. May, Weil & Co.Supreme Court of Kansas · 1872
- Knaggs v. MastinSupreme Court of Kansas · 1872
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- Deering v. BoyleSupreme Court of Kansas · 1871
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