Court of Appeals of Kansas, 1897

Campdoras v. Brooks

Campdoras v. Brooks
Court of Appeals of Kansas · Decided July 16, 1897 · McElroy
6 Kan. App. 33; 49 P. 628; 1897 Kan. App. LEXIS 253

Campdoras v. Brooks

Opinion of the Court

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 *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.