The Advocate and news., 1898-11-23

AANNNAN - AASAhf hNANANAhN ~ NAAhAs
Error from Douglas District Court.
AFFIRMED.
Syllabus. Mahan, p. ].
/. Summons was issued November o. 1887.
IL designated the answer day to be the
the Sheriff to return it December 10, 1887,
instead OF November 10, 1887, Held that
the summons was not void, but that the
error which was apparent by the record
could be corrected at any time
q The summons directed the Sheriff to
summon James NJ. Hendry. The return
showed that he had duly served James M.
Held, that the return could be amended
after the expiration of the Sherin's term
OF office to show that he had in fact served
the defendant James M. Hendry.
g. Judgment was entered December l3,
1887. Executions were Issued thereon June
3, 1889, August 5, 1889, and September 8,
1892 The defendant Hendry died February
s, 1895. The execution OF September g. 1892,
was not returned to the Clerks office until
November 26, 1892, Held, that upon the mo-
ton to revive against the administrative
the execution OF September B., 1882 was
competent evidence that the evidence was
sufficient to sustain the order OF revivor,
no reason to the contrary being shown by
the Administrative.
true copy
Attest: W. H. THOMPSON,
ISeal,l Clerk.
In the Kansas Court Of Appeals, Northern
Department, Eastern Division
No 455.
George II. Evans and J. ]. Cox, partners
as George II. Evans & Company, ]. M,
Newland, j. M. Zook, $. ii. Carmean, s.
D. Cotiinl 4. j. Anderson, Fred Bradbury,
l.. Van Dorp W. w. Manspeaker, ]. 8.
Crew and M. Newmark, plaintiffs In error,
vs..
George l.. Watson, defendant In error
Error from District Court OF Shawnee
County.
AFFIRMED.
Syllabus. Wells, J.
l. A bond given by a contractor for an
Improvement to the state House, covering
the requirements OF Paragraph 61S5 G. 8.
1889 as extended by Paragraph 6l46 q. y.
1899, for the protection OF the State, and
also the requirements Of Paragraphs 4H
and 474S G.. s. 1889 (Secs. 81 and 36, Ch. 80
G. s. 1890 for the protection OF workmen
and material men; il not void as to the
suretles thereon, so as to release them from
liability for labor performed because said
bond was not filed In the office OF the Clerk
OF the District Court, as required by the
paragraph last above cited.
g. In an action on a. bond given under the
provisions of Paragraphs 4747 and 4748 q.
S. 1889 (Secs. 30 and &c. CHI 96 G.. s. 1880 the
subcontractor under whom the work was
done Is not necessary party so that his
absence makes the petition demurrable.
g. The objection to the introduction OF
evidence examined and held, that no re-
versibe error was committed In relation
thereto.
3. The objections to the introduction OF
ing instructions examined and held that no
reversible error was committed In relation
thereto.
5. Where a contractor upon q public build
ing sub-lets portion OF his contract, and
to enable the sub-contractor to carry on
and complete his work without the pres
ence OF the original contractor, executes
to the sub-cOntractor an irreVocable power
Of attorney to transact all the business
pertaining to such sub-contract to the full
extent thereof, this does not work re-
lease Of the suretles on the bond given un-
der the provisions Of Paragraphs 4741 ana
474S G. s. 1889 (Secs 80 and S6, Oh. 80 g. D.
1871
Attest w. II. THOMPSON,
[Seal.l Clerk.