Tootle, Hanna & Co. v. Ellis

Citations

• 63 Kan. 422
• 65 P. 675
• 1901 Kan. LEXIS 163

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Civil Procedure — Indorsement on Summons — Injunction. The collection of a judgment rendered on the service of a summons regular in all respects, except that it had no amount indorsed» thereon for which judgment would be taken in case the defendant failed to answer, said summons being in an action for the recovery of money only, and the defendants not appearing therein, should not be enjoined, where it was not shown in the injunction proceeding that the defendant had a valid defense, in whole or in part, to the original cause of action.</p> <p>2. - Judgment not Void. The failure to indorse on the summons, regular in other respects, the amount for which judgment will be taken in case the defendant fails to appear, in an action for the recovery of money only, does not render the judgment rendered in such action void, so that its collection may be enjoined.</p>