Aultman & Taylor Machinery Co v. Wier

Citations

• 67 Kan. 674
• 74 P. 227
• 1903 Kan. LEXIS 312

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Summons— Omission of Signature of Cleric. The omission of the signature of the clerk from a summons otherwise regular does . not render the process void, and the defect may be corrected by amendment.</p> <p>2. Warranty — Case Followed. The case of Furneaux v. Fsterly & Son, 36 Kan. 539, 13 Pac. 824, approved and followed.</p> <p>3. Jury and Jurors — Verdict Based on Wrong Theory. A special finding which clearly shows that the jury must have based their general verdict upon a theory of the case radically different from 'that contended for by the prevailing party, and not involved in the issues submitted for their determination, will authorize a reversal of the judgment.</p>