Miner v. Blakeman

Citations

• 112 Kan. 393
• 210 P. 1089
• 1922 Kan. LEXIS 455

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Injunction Bond — Sureties—Signatures o} Surety to Qualification oj Sureties Only — No Signature to Bond — Surety Bond. The defendant signed the qualification of sureties on an injunction bond approved by the judge of the district court, but did not sign the bond in any other place. The qualification recited that defendant was surety on the bond. Action was commenced against him on the bond. His demurrer to the petition was sustained. He gave no further attention to the action, and judgment was rendered against him by default on an amended petition. He soon thereafter filed a motion to set aside the judgment and tendered an answer, in substance denying that he had signed the bond, but he did not plead anything to avoid the signature. He admitted in open court that he signed the qualification of sureties on the bond. Held, not error to deny the motion to set aside the judgment.</p>