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Error from Kingman district court. | [
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The opinion of the court was delivered by
Doster, C. J. :
This was an action on a sheriff’s bond for damages for the refusal of the officer to execute an attachment order. Judgment went for the defendants, and error has been prosecuted to this court. William Hamilton, a merchant, was largely indebted. The plaintiff in ... | [
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Error from Lyon district court. | [
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The opinion of the court was delivered by
Dostbk, C. J. :
This was an action of replevin of grain. One Markham was a tenant of Elizabeth Taylor, the defendant in error in this proceeding. He had grown wheat and corn on shares on the leased premises, and the wheat had been harvested and ricked. Part of it had been thras... | [
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The opinion of the court was delivered by
Ellis, J. :
The verdict of acquittal as to the first five counts did not absolve the defendants from their amenability under the sixth, because, as applied to this case, the gist of the offense there alleged is the main tenance of a place where intoxicating liquors are kept wit... | [
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The opinion of the court was delivered by
Porter, J.:
The letters and telegrams comprising the contract show a proposal by the plaintiif to “contract any quantity you (defendant) may need. All this stock to be put up out of number one candled eggs.” The acceptance was shown by a letter and telegram to the effect that t... | [
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Per Curiam:
The request to the county surveyor for the survey in this'case was to locate the corners and boundaries of certain quarter sections of land in section six, township twenty-one, in Marion county. There is no contention but that the surveyor located such corners and boundaries in accordance with the governmen... | [
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The opinion of the court was delivered by
Mason, J.:
William Jolliff was in the employ of an interurban electric railroad company as night repair man. His duties were to take charge of disabled cars brought to a machine shop, and do such work upon them as might be directed. He had been so employed for several years. Th... | [
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Per Curiam:
The defendant asks for a rehearing because the opinion fails to refer to the defendant’s motion for an order for more definite averments in the petition. The motion in substance was to require the plaintiff to state the particular acts of its employees whereby the running of the train caused the fire, and w... | [
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The opinion of the court was delivered by
West, J.:
The petition alleged in substance that the plaintiff and defendant James M. Blackwéll, his brother, were on and prior to January 28, 1895, the joint owners of a half section of.land in Lyon county; that the defendants -were husband and wife, with whom the plaintiff, n... | [
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The opinion of the court was delivered by
West, J.:
Norman McDonald was the patentee of a. quarter section of land in Clark county. About 1888 or 1889 he left the county and turned the land over to R. A. McFarland to use as tenant, for the payment of a small debt then due, until McDonald should return. McFarland accept... | [
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The opinion of the court was delivered by
Johnston, C. J.:
This was an unsuccessful attempt to obtain an order en j oining the issuance of school district bonds. The appellant’s attack on the execution and sale of the bonds proposed to be issued was based upon the claim that the initial steps had not been regularly tak... | [
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Per Curiam:
Action in ejectment. The defendants had judgment for costs. The plaintiffs appeal.
The case is controlled by the decision just handed down in Ewing v. Nesbitt, ante, p. 708, 129 Pac. 1135, in which it is held that the statute de donis and the rule of the common law expressed therein are in full force and ef... | [
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The opinion of the court was delivered by
Smith, J.:
W. M. Stuckey, one of the appellees, was tried and convicted of a felony in the district uourt of Franklin county and appealed to the supreme court. The form of a bond was prepared in the body of which were the following recitals:
“Now, Therefore, We, the said W. M. ... | [
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The opinion of the court was delivered by
Burch, J.:
The action is one of mandamus against the state auditor to compel him to credit Kearny county with the sum of $5008.07, the amount of state taxes charged against it for the years 1888-1905, inclusive, and uncollected on sales of land for delinquent taxes. The object ... | [
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The opinion of the court was delivered by
Smith, J.:
This action was brought by the appellant against W. L. Schafer, A. D. Smith, J. A. Franz, and A. C. Franz to recover the difference between $37 per acre and $42.50 per acre for a section of land (fractional) in Pawnee county.
The undisputed facts are that appellant o... | [
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The opinion of the court was delivered by
Smith, J.:
This action was brought January 4, 1912, in the name of the state of Kansas on the relation of the attorney for the Public Utilities Commission for the state of Kansas to enjoin the appellant gas company from increasing the rate charged for gas in Kansas City and Ros... | [
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The opinion of the court was delivered by
Johnston, C. J.:
These were actions brought by theappellees against the Chicago, Rock Island and Pacific Railway Company to recover for injury and destruction of their crops alleged to have resulted from the negligent construction of embankments and bridges on which appellant’s... | [
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The opinion of the court was delivered by
Benson, J.:
This action is upon a promissory note made by the appellee to the order of the appellant. The defense is based upon the following facts: The appellee gave to the Kemper Grain Company his nonnegotiable promissory note, the words “to order or to bearer” not being cont... | [
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The opinion of the court was delivered by
Johnston, C. J.:
This was an action to quiet the title of real estate which was homesteaded by the appellant, Samuel E. Davidson, in 1877. It appears that in 1879 he gave two mortgages thereon, one to secure a loan for $412 and another for $150, each bearing interest at twelve ... | [
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The opinion of the court was delivered by
Porter, J.:
Rosa Johnson, the plaintiff, holds a teacher’s certificate of the second grade issued by the county board of examiners of Wabaunsee county, July 1, 1911, authorizing her to teach school. On September 8, 1912, she sent her certificate by mail together with a fee of o... | [
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The opinion of the court was delivered by
Burch, J.:
The actions in which these appeals were taken were instituted by the holders of rival tax titles to the land in controversy.
The original title was vested in Adelaide S. Alden, who died in 1902. Neither she nor her heirs ever held actual possession. In February, 1903... | [
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The opinion of the court was delivered by
Benson, J.:
A survey of section 13, township 12, range 22, in Trego county, was made upon the request of a landowner. The appellant owns the west half of section 13 and the northeast quarter of section 14, and contends that the north boundary is several rods north of the line e... | [
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The opinion of the court was delivered by
Greene, J. :
The city of Emporia, a city of the second class, desirous of extending its boundaries, presented its petition to the judge of the district court of Lyon county, under section 1, chapter 69, Laws of 1886 (Gen. Stat. 1901, § 1052), asking said judge to make a finding... | [
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The opinion of the court was delivered by
Johnston, J.:
In an action by M. D. Barnes to recover from the Southern Kansas Farm Loan and Trust Company, guarantor of certain mortgage notes and coupons, she set up copies of the notes and coupons on which there was a blank indorsement signed by the trust company, but no all... | [
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Error from Cowley district court. | [
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Per Curiam:
The defendant in error sued the plaintiff in error, a building and loan association, to recover certain sums of money deposited with the latter by the former, and evidenced by certificates of deposit and written agreements of repayment. The certificates and agreements promised repayment according to a speci... | [
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Error from Franklin district court. | [
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The opinion of the court was delivered by
Ellis, J.:
It is insisted that the trial court erred in permitting the counsel for plaintiff below to elicit from Mr. Heller, an engineer, upon cross-examination, the following testimony:
‘ ‘ Ques. You may state whether or not these engines are not fired up with wood when they ... | [
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The opinion of the court was delivered by
Johnston, J.:
This was an action by the Topeka Commercial Security Company against the board of county commissioners of Harper county to recover taxes, charges and interest paid upon lands which were not subject to taxation. The plaintiff’s petition substantially alleged that t... | [
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Per Curiam:
This was an action in replevin. The defendant in error Mrs. Mary M. Giller, the owner of a quarter-section of land, rented it to one Tom Agnew from March, 1898, to March, 1899. The rent being unpaid on February 1, 1899, Mrs. Giller commenced her action against Agnew, and caused to be attached about 700 bush... | [
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The opinion of the court was delivered by
Dostek, C. J.:
James Beard was employed by the county,commissioners of Sedgwick county as a janitor of the court-house building at a salary of thirty dollars per month. There does not appear to have been any order of employment at that salary entered upon the commissioners’ rec... | [
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The opinion of the court was delivered by
Johnston, J. :
This was an action brought by C. C. McDowell, against the administrator of the estate of John McDowell, deceased, to recover $660 alleged to be due from the estate by reason of a real-estate transaction had between the plaintiff, the deceased, and their father, C... | [
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The opinion of the court was delivered by
Johnston, J.:
This action was instituted by J. O. Henrie against the Missouri Pacific Railway Company and the Fort Scott, Wichita & Wéstern Railway Oom pany on June 28, 1890. . In his petition he alleged that in 1882 the St. Louis, Fort Scott & Wichita Railroad Company entered ... | [
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Error from Lyon district court. | [
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Error from Montgomery district court. | [
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The opinion of the court was delivered by
Gbeene, J.:
The only material question presented to this court, so far as plaintiff is concerned, is whether or not it had a subcontractor’s lien on the premises described in its answer. Our statute (Gen. Stat. 1901, §§ 5117, 5119) provides that any person who shall, under cont... | [
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The opinion of the court was delivered by
Johnston, J. :
This was an action by Cornelius Perry to recover upon a promissory note for $1000, executed by Frank J. Horack and his wife, Nettie Horack, and also to foreclose a mortgage given as security for the note on a farm occupied by the Horacks as a homestead. The note ... | [
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The opinion of the court was delivered-by
Cunningham, J.:
It is a basic principle of our form of government that no person can be deprived of life, liberty or property except by due process of law. It is equally fundamental that the legislature possesses no power to take the property of any one and give it to another f... | [
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Error from Atchison district court. | [
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Error from Harper district court. | [
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Error from Sedgwick district court. | [
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Appeal from Jewell district court. | [
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Error from Montgomery district court. | [
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The opinion of the court was delivered by
Smith, J.:
The appellant was convicted in the court below of obstructing a public road. He was section foreman of the Atchison, Topeka & Santa Fe Railway Company, and closed up a highway established by an order of the board of county commissioners over the tracks and right of w... | [
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The opinion of the court was delivered by
Smith, J.:
This was an action brought by plaintC/s in error to recover from the defendants in error the sum of $1000 rent fox the year 1897 on a large tract of land, in Coffey county. The petition, with copy of the lease attached and made part of it, was filed January 16, 1897,... | [
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The opinion of the court was delivered by
Smith, J.:
In September, 1889, the Sioux Investment Company purchased a tax certificate on the real estate in controversy. Afterward, and in October fol lowing, the company sold and assigned this certificate to F. B. Hutchens, trustee, who thereafter paid the subsequent taxes f... | [
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The opinion of the court was delivered by
Pollock, J. :
This is a suit in injunction commenced by plaintiff in error against the treasurer and sheriff of Neosho county, to restrain the threatened issuance of a tax-warrant and a levy upon personal property assessed by the city assessor of the city of Chanute upon March ... | [
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The opinion of the court was delivered by '
Cunningham, J.:
Plaintiff in error brought its action against the defendants in error in the district court of Shawnee county for the purpose of enjoining the collection of a tax on certain real estate situated in the city of Topeka. This real estate consists of a three-story... | [
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The opinion of the court was delivered by
Burch, J.:
The plaintiff as receiver of the defunct Hutchinson National Bank brought an action to enforce the stockholders liability of the defendant. Judgment was given for the defendant and the plaintiff appeals.
The petition contained the usual allegations in such cases, inc... | [
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The opinion of the court was delivered by
West, J.:
The parties became partners in a private bank, the plaintiff being president and the defendant cashier. The latter had the full management of the bank, and after several years’ business it was closed by the state bank commissioner and a receiver appointed, and while t... | [
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The opinion of the court was delivered by
West, J.:
The petition alleged that the plaintiff was the owner and in possession of a quarter section of land, all in cultivation and used by him for raising wheat; that the defendant occupied another quarter of the same section, and farmed still another, “and for some time la... | [
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The opinion of the court was delivered by
Benson, J.:
This action was brought by the vendee in a contract for the sale of land to enforce specific performance and for damages, and was tried as an action to recover damages only. Judgment was given for the amount of an advance payment.
No conflict appears in the evidence... | [
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The opinion of the court was delivered by
West, J.:
The plaintiff based her right to recover on the allegation that the car suddenly lurched forward as she was about to alight. She alone swore to this state of facts. The defendant produced the evidence of the motorman and conductor and three disinterested witnesses who... | [
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The opinion of the court was delivered by
Benson, J.:
The appellant, Hetzer, in possession of the land in controversy and claiming title thereto under a tax deed valid upon its face but based upon irregular proceedings, commenced an action to quiet title against the appellees, Burbery and Raper, who claimed the premise... | [
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91,
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The opinion of the court was delivered by
Benson, J.:
The petition first states a cause of action in ejectment in the usual form. In a second cause of action it is alleged that in the year 1891' Hiram Stout verbally agreed to transfer the title and possession of the tract in question, containing 40 acres, to Belle Char... | [
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Per Curiam:
Whether or not a conveyance absolute in form and a contemporaneous separate agreement to reconvey constitute a mortgage depends upon the existence or nonexistence of a debt. If the deed be made to secure a debt it is in legal effect a mortgage. The true character of the transaction may be shown by parol evi... | [
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The opinion of the court was delivered by
West, J.:
Certain lots in Hutchinson, some owned by one W. H. Underwood and the others by his mother, Frances A. Underwood, were sold to the plaintiff. Early in September, 1908, the son conveyed his lots and also executed a deed as attorney in fact for his mother for those owne... | [
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The opinion of the court was delivered by
Benson, J.:
A judgment was obtained by the appellee against the appellant for $800 for damages suffered to person and property caused by a defective highway.
The appellee was driving his automobile upon a public road which crosses the Solomon river. A month before the accident ... | [
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Per Curiam:
On the trial of an appeal from a survey made to establish the boundary line between lands of the appellant and the appellee, the appellant introduced in evidence a contract relating to the making of a ditch to drain their lands, entered into between the parties and others about four years prior to the surve... | [
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The opinion of the court was delivered by
Burch, J.:
The petitioner, John A. Flack, was cashier of the Abilene State Bank. On or about September 1, 1910, he absconded. Soon afterwards a complaint was filed before a justice of the peace of Dickinson county charging him with forging the name of James. A. Strachan to a no... | [
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Per Curiam:
Insured property was destroyed by fire. The insurance company paid $1700 upon its policy and brought action for that amount against a railroad company, claiming the fire to have been caused by its negligence. Two owners of separate portions of the property were made defendants. Each filed an answer and cros... | [
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The opinion of the court was delivered by
Benson, J.:
This appeal is from a conviction for obtaining property by means of false pretenses. A verdict of guilty was returned upon the three counts of the information, fixing the value of the property obtained upon each count at $20.48. After verdict the first and third cou... | [
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Spencer, J.:
This is an appeal from an order of the district court setting aside that portion of an order of the Public Employee Relations Board which included the faculty of the University of Kansas School of Law within a bargaining unit composed of all university faculty on the Lawrence campus.
On March 20, 1975, fiv... | [
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Spencer, J.:
On interlocutory appeal by the State pursuant to K.S.A. 1976 Supp. 22-3603, the question presented is whether the trial court erred in sustaining defendant’s motion to suppress evidence.
On Sunday, March 6, 1977, at 3:39 a.m., a fire was reported to the Fort Scott Police Department by a resident of an apar... | [
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Swinehart, J.:
The appellant was charged with selling cereal malt beverages to minors, contrary to K.S.A. 41-2704. She was first tried on December 6, 1976, in the county court of Brown County. There she was found guilty of the sale of cereal malt beverages to minors, a misdemeanor. On December 10, 1976, she filed her n... | [
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Foth, C.J.:
In 1972 plaintiffs Sanders and England sold their mobile home park in Wichita, taking back a second mortgage of almost $200,000.00 as part of the $1,000,000.00 purchase price. The other $800,000.00 was paid by $200,000.00 in cash and assumption of a $600,000.00 first mortgage. As a result of participating i... | [
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Spencer, J.:
The sole issue involved on this appeal is whether the defendant, in an action brought by an injured workman who has been paid compensation under the Kansas Workmen’s Compensation Act (K.S.A. 44-501, et seq.), may maintain a third-party action for indemnity against the employer of the injured workman on the... | [
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Parks, J.:
Dawson and Wilma Penn, the biological parents of ten-year-old Kathleen (Kathy) Penn, are appealing a district court order wherein they were adjudged unfit parents and their parental rights permanently severed. We affirm.
Since the Penns stipulated in May 1976 to the finding that Kathy was dependent and negle... | [
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PARKS, J.:
This action arises from an auto accident in Wyandotte County, Kansas, involving the plaintiff Henry Carter and the defendant Robert C. Kretschmer. The accident occurred on March 8, 1974. Plaintiff filed suit on April 4, 1975. Service was obtained on April 5, 1975, but the action was later dismissed on May 14... | [
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Meyer, J.:
Appellant, William Allen Ekis (defendant), was convicted of aggravated battery, in violation of K.S.A. 21-3414. Defendant appeals from the conviction and from denial of his motion for a new trial.
Defendant’s first stated issue is that the trial court committed reversible error in failing to have the requisi... | [
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Meyer, J.:
On June 15, 1975, one Bradley Holm picked up plaintiff at the Sonic Drive-In in McPherson, Kansas, to drive around awhile and then to take plaintiff home. Plaintiff asked to drive the car and Bradley Holm permitted her to do so. Plaintiff was 14 years of age at the time and had no driver’s license. When plai... | [
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Foth, C.J.:
The issue presented in this appeal is whether, in the absence of any clear legislative direction one way or the other, a state agency must conform its land use to local zoning regulations. It is an issue which has not been squarely answered by the courts of this state.
The agency involved here is the state ... | [
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Parks, J.:
Plaintiff seeks to recover damages for personal injuries arising out of an altercation which occurred near Coffeyville, Kansas, on December 27, 1972. The defendant is an Oklahoma resident and the plaintiff resides in Kansas.
The present appeal concerns proceedings following the decision in Goldsberry v. Lewi... | [
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Rees J.:
The parties have appealed from a workmen’s compensation award for permanent partial disability. Claimant contends there was incorrect computation of his average gross weekly wage. Respondent employer and its insurance carrier contend the finding of 50% permanent partial general disability was erroneous.
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Abbott, J.:
This case primarily involves the sufficiency of publication service in a tax foreclosure sale.
The defendants, Martha Ellen Knight and Jack Knight, are mother and son. Martha Ellen Knight is the record owner of the real property involved in this action. Jack Knight owns no interest in the real property in q... | [
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Meyer, J.:
A minor child, Clay Stephens Hamlett, was adjudicated to be a dependent and neglected child pursuant to K.S.A. 1977 Supp. 38-802(g).
Two procedural points are raised, one by each party. We shall address these first. Appellant, the natural mother, claims that K.S.A. 1977 Supp. 38-816(a) and (b) must be read t... | [
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Meyer, J.:
On October 16, 1974, Joseph A. and Loretta R. Peterson (appellants) initiated a court action against Garney Construction Company (appellee) for $100,000 actual and $100,000 punitive damages, plus fees and costs. Both parties continued the case several times; ultimately, the court said there would be no more ... | [
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Spencer, J.:
This is an appeal from an order dissolving a writ of habeas corpus issued in an extradition proceeding. K.S.A. 22-2701 et seq. At issue are: (1) Whether failure to arrest under warrant of the governor within the ninety-day period provided for commitment or bail in K.S.A. 22-2715 and 22-2717 renders that wa... | [
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Foth, C.J.:
This is a class action on behalf of inmates of the Shawnee county jail challenging the conditions of their confinement. Defendants are the sheriff and commissioners of Shawnee county, who are directly charged by statute with operating and maintaining the jail, and the state secretary of corrections, who has... | [
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Spencer, J.:
The named plaintiffs, as owners of lots and graves in the cemetery operated by the Union Cemeteries Association, Inc., Salina, Kansas, and as owners of crypts in the Mausoleum Williamsburg located in that cemetery, commenced this class action on behalf of themselves and all other persons similarly situated... | [
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Rees, J.:
This is an appeal by the State from a suppression order. We reverse.
The question before us solely concerns whether there was a waiver after defendant had been advised of his Miranda rights and had acknowledged his understanding of them.
Defendant was charged with attempted burglary. The case came on for tria... | [
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Parks, J.:
This appeal arises from alleged violations of the Kansas Securities Act, K.S.A. 17-1252, et seq. (since amended). The trial was to the Pawnee county district court which entered judgment in favor of the plaintiff Nadine Deets on the basis that defendant Hamilton Management Corporation was negligent in hiring... | [
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Meyer, J.;
Appellant, Stephen R. Burden (defendant), entered a plea of guilty to a charge of writing a worthless check in violation of K.S.A. 21-3707. Defendant’s counsel advised the court of a plea agreement with the state to the effect that the state would recommend a sentence of one to five years with immediate prob... | [
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Rees, J.:
This is an action for breach of fiduciary duty allegedly owed plaintiff by the appellants (hereafter “defendants”), who were real estate brokers engaged in business as partners. Judgment was entered upon jury verdict for $180,000 compensatory damages and $184,647 punitive damages. Defendants appeal. We affirm... | [
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Abbott, J.:
This is an appeal by the defendant, Richard A. Garton, from having been declared a habitual violator as prescribed by K.S.A. 8-286. Defendant appeals on the premise that the county attorney did not forthwith commence prosecution following the receipt of defendant’s abstract of convictions from the Motor Veh... | [
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Rees, J.:
This is an action brought to recover survivors’ benefits and attorney fees under the personal injury protection (PIP) endorsement to an automobile liability insurance policy. The trial court limited the amount of survivors’ benefits recoverable to the amount of actual economic loss proved. Attorney fees were ... | [
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Parks, J.;
Patricia J. Patterson, plaintiff, appeals from an order entered pursuant to the Kansas Uniform Reciprocal Enforcement of Support Act (URESA), K.S.A. 23-451, et seq.
Plaintiff and her husband, Edward Patterson, were divorced in Texas in July, 1975. Defendant was ordered to pay child support for their minor ch... | [
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Spencer, J.:
This is an appeal from.the judgment of the district court which affirmed an order of the State Corporation Commission denying reinstatement of the certificate of public convenience and necessity formerly held by Miller Trucking Service, Inc.
During the course of pre-hearing preparation by. this court it wa... | [
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Abbott, J.:
This is a direct appeal by defendants in a criminal action from their convictions for possession of narcotic substances prohibited by K.S.A. 1976 Supp. 65-4127a.
The issues asserted on appeal involve the admission of evidence and concern (1) a prior misdemeanor conviction, (2) the issuance of a search warra... | [
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Parks, J.:
Two interlocutory appeals are brought by the state from rulings striking the testimony of a prosecution witness. K.S.A. 1977 Supp. 22-3603.
The defendants, Joe W. Eubanks and Marvin Magathan, had separate preliminary hearings. The state filed separate interlocutory appeals wherein it raised the same point. T... | [
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Foth, C.J.:
The defendant was convicted of aggravated escape from the Shawnee County jail. The sole issue on appeal is whether the trial court erred by allowing the prosecution to show a video tape of his capture.
A Topeka station, WIBW-TV, filmed the capture and presented an edited version on its evening news. Followi... | [
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Spencer, J.:
In an action for damages based upon libel, summary judgment was entered for defendants on the grounds of qualified privilege with no showing of malice. Plaintiff appeals.
During the years 1974 and 1975, plaintiff was employed as supervisor of the Social Sciences Division of the Kansas State University Libr... | [
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Abbott, J.:
This is an action instituted by Service Iron Foundry, Inc., (Service Iron) to recover money damages for breach of warranty arising from the purchase of a pollution control unit for use at its foundry in Wichita, Kansas. The trial judge directed a verdict at the close of plaintiff’s evidence in favor of the ... | [
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Swinehart, J.:
This is an appeal by the defendant husband from a judgment on a post-trial motion by the plaintiff wife wherein the court found that a provision contained in a property settlement agreement was ambiguous and admitted parol testimony to prove the original intent of the parties.
The property settlement agr... | [
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Swinehart, J.:
The appellant, John J. Gruss, was convicted in the Municipal Court of Shawnee, Kansas, of driving under the influence of intoxicating liquor. He appealed to the district court, where his case was tried de novo to a six-member jury. He appeals the jury’s verdict.
At the trial, breathalyzer test results sh... | [
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Meyer, J.:
Donald O’Neal Griffin (appellant), an inmate of Kansas State Penitentiary at Lansing, Kansas, petitioned the District Court of Leavenworth County, Kansas, for a writ of habeas corpus. He alleged that he did not receive a fair hearing before the penitentiary hearing board, that his punishment should be classi... | [
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Abbott, J.:
This is an appeal from an order dismissing plaintiff’s cause of action with prejudice for his failure to answer a certified question.
This action was commenced by the plaintiff, John H. Fields, on August 6, 1975, the day following the publication of an article in The Kansas City Kansan, a newspaper owned by... | [
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Parks, J.:
Defendant, Johnnie Lee Dean, was convicted by a jury of possession of a firearm after a felony conviction (K.S.A. 21-4204) and possession of marijuana (K.S.A. 1976 Supp. 65-4101, K.S.A. 65-4105 and K.S.A. 1976 Supp. 65-4127b).
On November 3, 1976, radar officer Gerald Allen attempted to stop defendant for a ... | [
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The opinion of the court was delivered by
Porter, J.:
The Badger Lumber Company brought suit to foreclose a subcontractor’s lien for material furnished in the erection of a dwelling-house at Herring-ton, belonging to Ira F. Powers. The petition failed to allege that a notice of the filing of the lien was served upon th... | [
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-... |
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