61 P. 984 | Kan. Ct. App. | 1899
The opinion of the court was delivered by
There is but one question of law to be decided in this case. That arises upon the follow
After referring to many of the cases upon this question, the opinion concludes: “The logic of all these
Counsel for defendant in error object to the consideration of the case, because all necessary parties were not served with the case-made and are not before the court. It appears from the certificate of the judge settling the case that the parties all appeared and waived amendments thereto. No party to be affected by a reversal of this judgment is absent from the court; in other words, all necessary parties are here within the year from the rendition of the judgment sought to be reviewed.
Upon the merits, counsel for defendant in error cite Jenness v. Cutler, 12 Kan. 500; Hubbard v. Ogden, 22 id. 363; Vining v. Willis, 40 id. 609, 20 Pac. 232. The principle involved in the case under consideration does not enter at all into the decision of either of the cases cited. There was no attempt on