6 Kan. App. 718 | Kan. Ct. App. | 1897
This action was brought in the District Court of Reno County, Kansas, by W'. M. Pond & Co., as plaintiffs, against Ephraim J. Lash, Robert H. Smith, the National Mortgage and Debenture Company, V. P. Caffry, Robt. H. Brouse and Handy Bros., as defendants, to foreclose a mechanic’s lien upon lot 5 in block 18 in Miller and Smith’s Addition to the city of Hutchinson, Kan. Handy Bros, filed their answer and cross-petition, claiming .a mechanic’s lien upon the same premises. All the other defendants defaulted. Judgment was rendered in favor of Pond & Co. and Handy Bros., decreeing them to
The motions alleged that Ephraim J. Lash and Annie M. Lash, his wife, and Robert H. Smith, executed and delivered to the National Mortgage and Debenture Company their certain promissory note for the sum of twenty-five hundred dollars, and a mortgage upon said lot 5 to secure the payment of the same; that prior to the commencement of this action the National Mortgage and Debenture Company had sold and assigned the note coupons and mortgage to the Boston Safe Deposit & Trust Company, which was then the owner and holder thereof; that the deed of assignment was not put of record until after the commencement of this action; and that said Boston Safe Deposit & Trust Company was not made defendant therein.
The motions also allege that G. Y. Johnson, who was served with summons as president, “ was not at said time the president, mayor, chairman of the board of directors, trustee, or other chief officer, nor its cashier, treasurer, secretary, clerk or managing agent, and that no other service was ever made or attempted to be made on said defendant the National Mortgage and Debenture Company." The sheriff was permitted to amend his return by showing that it was served personally upon G. Y. Johnson, vice-president of the National Mortgage and Debenture Company and a chief officer of said Company, and that the president was not found in Shawnee County at the time of service. Upon the hearing of the motions, the court found “that the summons served upon the National Mortgage and Debenture Company was served upon George
It is also contended that we have no jurisdiction to render a decision in this case, for the reason that the necessary parties have not been brought into this court. After a careful examination of the record and briefs, we are unable to say that the interest of any one will be prejudicially affected, or that any one’s rights will be disturbed by a reversal of this order.
The order of the District Court in setting aside' the service of said summons is reversed, and the District Court is ordered to restore the plaintiffs in error to-all the rights they have lost by reason of the making of said order.