Green v. McCracken

Citations

• 64 Kan. 330
• 67 P. 857
• 1902 Kan. LEXIS 206

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Failure to Serve Summons within Sixty Days — Motion to Dismiss. An action will not be dismissed on motion of a defendant simply because no service of summons of any kind has been made on him within sixty days from the filing of the petition.</p> <p>2. Evidence — Promissory Note — Affixing Revenue Stamp after Execution. The affixing of a revenue stamp to a note after its execution, with the knowledge and consent of the United States revenue collector, the failure to affix such stamp at the time the note was made having occurred through ignorance and not through fraud, makes such note competent evidence, if it was incompetent without such stamp.</p> <p>3. -Eusband and Wife — Agency of Wife. In an action where the husband is a party, a wife who has been made an agent to keep and care for the money of her husband is competent to testify concerning the fact that such money was loaned, the loaning being within the scope of her agency to care for.</p> <p>4. - Value of Atlaehed Goods — Inventory and Appraisement Competent. In an action for damages caused by the wrongful attachment of a stock of goods, the inventory and appraisement made under the law by the officer levying such attachment is competent evidence of the value of such goods as against the plaintiff in the attachment action.</p>