Supreme Court of Kansas, 1872

Kirkwood v. Reedy

Supreme Court of Kansas · Decided July 15, 1872 · Valentine

10 Kan. 453

Cases that cite this one

8 later published cases cite this decision.

Ramsey v. Leeper (Okla. 1933)
Larimore v. Parker (Kan. 1921)
McPherson v. Harvey (Kan. 1917)
Fee v. Kansas City, Fort Scott & Memphis Railroad (Mo. Ct. App. 1894)
Britton v. Larson (Neb. 1888)
Valley Bank & Savings Institution v. Ladies' Congregational Sewing Society (Kan. 1882)
Wilkins v. Tourtellott (Kan. 1882)
Pierce v. Butters (Ark. 1878)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The. opinion of the court was delivered by

Valentine, J.:

It has already been decided in this court that where a defendant has been regularly served by summons, *455and there is a defect in the return of the officer respecting the service, the defect may at any time, even long after judgment, in furtherance of justice, be cured by amendment, so as to make the return conform to the facts: (Foreman v. Carter, 9 Kas., 674; Challiss v. Headly & Carr, 9 Kas., 684;) and to this decision we still adhere. As to one of the defendants in the present case, however, there seems to be no defect in the return of the officer respecting the service of the summons. But even if there is such a defect, still, the foregoing decision will dispose of the whole of this case. The order of the court below is reversed.

All the Justices concurring.

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