6 Kan. 170 | Kan. | 1870
The opinion of the court was delivered by
But it is further contended, that the provision of said section nine of said chapter 81, which authorizes the commencement of suits by appearance and the agreement of the parties, and without summons, is limited in its action to those parties to actions who are able to' and do actually appear in their own proper persons, and in their own behalf, and does not extend the right'to parties who must of necessity appear by a representative. We do not see the wisdom, or practical utility of such a narrow construction; nor do we think that a more liberal one would be productive of mischief. The connection in which the word “parties”-is used, in said section, does not necessarily require that it shall be confined to, and
The judgment of the district court is affirmed.