48 Kan. 168 | Kan. | 1892
Opinion by
On the 19th day of January, 1888, Thomas H. Stone commenced an action against the defendants in error and S. B. Warren, sole surviving partner and administrator of the partnership estate of Warren & Harrison, in the district court of Marion county, to foreclose a mortgage. Summons was personally served upon the defendants, and they were required to answer the plaintiff’s petition on or
This court said over 25 years ago, that when the original summons is served the defendants are in court for every purpose connected with the action, and the defendants served are bound to take notice of every step taken. (Kimball v. Connor, 3 Kas. 414.) This practice has been followed since 1866 in this state, and we do not think the rule should be disturbed now. It is recommended that the order of the district court, setting aside and vacating the judgment for the sum of $1,046, rendered on the 9th day of April, 1888, in favor of the plaintiff in error and against the defendants in error, be reversed, and that the case be remanded with instructions to the district
By the Court: It,is so ordered.