Van Horn v. Great Western Manufacturing Co.
Supreme Court of Kansas
Error from Pawnee District Court. Action brought in the district court of Pawnee county by E. R. Yan Horn and Charles Yan Horn, partners under the firm-name of Van Horn Brothers, against The Great Western Manufacturing Company, of Leavenworth, Kansas, a firm consisting of John Wilson and D. F. Fairchild, to recover $33,200, for alleged loss and damages. Service of summons was made upon Wilson in Pawnee county, and upon Fairchild in Leavenworth county.
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Error from Pawnee District Court. Action brought in the district court of Pawnee county by E. R. Yan Horn and Charles Yan Horn, partners under the firm-name of Van Horn Brothers, against The Great Western Manufacturing Company, of Leavenworth, Kansas, a firm consisting of John Wilson and D. F. Fairchild, to recover $33,200, for alleged loss and damages. Service of summons was made upon Wilson in Pawnee county, and upon Fairchild in Leavenworth county. The defendants moved to set aside the summons and the service thereof upon various grounds, among which were the following: No security for…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The only thing necessary to be done in this case is to affirm the judgment of the court below. No comment is really necessary. The plaintiffs, by fraud and deceit, inveigled one of the defendants, John Wilson, into the jurisdiction of the district court of Pawnee county, for the purpose of obtaining service of summons upon him in an action intended to be brought against him and his partner, in that county. Such an abuse of judicial process cannot be tolerated in any court of justice. (Dunlap v. Cody, 31 Iowa, 260; same case, 7 Am. Rep.…
2Cases cited7 opinions
- Dunlap & Co. v. CodySupreme Court of Iowa · 1871
- Townsend v. SmithWisconsin Supreme Court · 1879
- Wanzer v. BrightIllinois Supreme Court · 1869
- Wood v. WoodCourt of Appeals of Kentucky · 1880
- Metcalf v. ClarkNew York Supreme Court · 1864
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3Cited by17 opinions
- State v. SimmonsSupreme Court of Kansas · 1888
- Abercrombie v. AbercrombieSupreme Court of Kansas · 1902
- Copas v. Anglo-American Provision Co.Michigan Supreme Court · 1889
- State v. HallSupreme Court of Kansas · 1888
- Wells v. PattonSupreme Court of Kansas · 1893
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