Legal Opinion

Alvey v. Wilson

Supreme Court of Kansas

Decided January 15, 1872PublishedCited by 11 opinions

Error from Anderson District Court. Defendants in error sued Alvey and one Cavender, before a justice of the peace, as partners, and joint makers of a promissory note. Both were duly served. Alvey did not appear, and plaintiffs, without further notice to him, dismissed their action as to Cavender, filed an amended bill of particnlars, declaring against Alvey alone on said note, and took judgment against him.

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Error from Anderson District Court. Defendants in error sued Alvey and one Cavender, before a justice of the peace, as partners, and joint makers of a promissory note. Both were duly served. Alvey did not appear, and plaintiffs, without further notice to him, dismissed their action as to Cavender, filed an amended bill of particnlars, declaring against Alvey alone on said note, and took judgment against him. On error to the district court, at the March Term 1871, the judgment of the justice was affirmed; and Alvey now brings the case to this court for review. 1. The justice erred in…

1Opinion of the Court

*404The opinion of the court was delivered by

Valentine, J.:

Two cases have been submitted to us, each entitled “C. P. Alvey v. John Wilson, C. B. Brace and A. L. Baker,” and each involving the same questions of law and fact. Therefore we shall write but one opinion for the two cases, and we shall hereafter speak of both cases as though they were only one.

This action .was commenced originally before a justice of the peace by the defendants in error, Wilson, Brace and Baker, against said C. P. Alvey and one Henderson Cavender, as partners, on a promissory note which reads as follows:

“$141.72.…

2Cited by11 opinions

  1. Avery v. Jayhawker Gasoline Co.Supreme Court of Oklahoma · 1924
  2. Raymer v. Comley Lumber Co.Supreme Court of Oklahoma · 1934
  3. Beekman v. TrowerSupreme Court of Kansas · 1910
  4. Eggan v. BriggsSupreme Court of Kansas · 1880
  5. Whittenhall v. KorberSupreme Court of Kansas · 1874

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