Points v. Jacobia
Supreme Court of Kansas
Error from Pottawatomie District Gowrt. Action by Jacobia to compel contribution from Points, as a co-surety. In his answer Points alleged that the question of suretyship had been determined by a justice of the peace before whom the parties here were sued jointly as makers of the note, and that by such determination Jacobia was the principal debtor, and Points the surety. The facts are fully stated in the opinion.
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Error from Pottawatomie District Gowrt. Action by Jacobia to compel contribution from Points, as a co-surety. In his answer Points alleged that the question of suretyship had been determined by a justice of the peace before whom the parties here were sued jointly as makers of the note, and that by such determination Jacobia was the principal debtor, and Points the surety. The facts are fully stated in the opinion. The plaintiff had judgment at the August Term 1872 of the district court, and Points brings the case here for review. 1. No demurrer was interposed by Jacobia, but the court treated…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
On May 2d 1872, C. H. McCormick & Bro. brought an action before a justice of the peace on a certain promissory note against Thomas R. Points, Josephus Jacobia, and Jacob Jacobia. Personal service of summons was had on Thomas R. Points and Jacob Jacobia. No service was had on Josephus Jacobia, and he made no appearance in *53the case. Neither did Jacob Jacobia make any appearance in the case. At the time the action was set for trial Points appeared before the justice and filed a bill of particulars, admitting that he executed the note, but…
2Cases cited2 opinions
- Kupfer v. SponhorstSupreme Court of Kansas · 1862
- Rose v. MaddenSupreme Court of Kansas · 1863
3Cited by4 opinions
- Higby v. AyresSupreme Court of Kansas · 1875
- Bland v. JacksonSupreme Court of Kansas · 1893
- Kansas City, Topeka & Western Railroad v. AlbrightSupreme Court of Kansas · 1885
- Morgan v. Saline Valley BankCourt of Appeals of Kansas · 1896