Campdoras v. Brooks

Court of Appeals of Kansas

Campdoras v. Brooks

49 P. 628, 6 Kan. App. 33, 1897 Kan. App. LEXIS 253

CourtCourt of Appeals of Kansas

DecidedJuly 16, 1897

DocketNo. 217

StatusPublished

This text of 49 P. 628 (Campdoras v. Brooks) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Campdoras v. Brooks, 49 P. 628, 6 Kan. App. 33, 1897 Kan. App. LEXIS 253 (kanctapp 1897).

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Opinion

McElroy, J.

This was an action brought by T. B. Brooks and W. I. Miller against Lucy H. Hopkins, and others, for the foreclosure of a mechanic’s lien. The principal debtors, Lucy H. Hopkins and George W. Hopkins, are not made parties to the petition in error. They have not been served with summons and do not appear in this court. They are necessary parties. A long line of decisions of this court and of [34]*34the Supreme Court established the law to be, that all parties to a judgment who may be prejudicially affected by a reversal or modification thereof, must be made parties to the proceedings in error and be brought into court before this court can obtain jurisdiction to review the casé. Loan Co. v. Lumber Co., 53 Kan. 677; Paving Co. v. Botsford, 50 id. 331; Atlantic Trust Co. v. Prescott, 5 Kan. App. 172.

The petition in error will be dismissed.

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McElroy, J.

This was an action brought by T. B. Brooks and W. I. Miller against Lucy H. Hopkins, and others, for the foreclosure of a mechanic’s lien. The principal debtors, Lucy H. Hopkins and George W. Hopkins, are not made parties to the petition in error. They have not been served with summons and do not appear in this court. They are necessary parties. A long line of decisions of this court and of [34]*34the Supreme Court established the law to be, that all parties to a judgment who may be prejudicially affected by a reversal or modification thereof, must be made parties to the proceedings in error and be brought into court before this court can obtain jurisdiction to review the casé. Loan Co. v. Lumber Co., 53 Kan. 677; Paving Co. v. Botsford, 50 id. 331; Atlantic Trust Co. v. Prescott, 5 Kan. App. 172.

The petition in error will be dismissed.

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Bluebook (online)

49 P. 628, 6 Kan. App. 33, 1897 Kan. App. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campdoras-v-brooks-kanctapp-1897.

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