Legal Opinion

Ayres v. Hull

Supreme Court of Kansas

Decided February 15, 1870PublishedCited by 21 opinions

Error from Johnson County. The facts of the case sufficiently appeal’ in the subjoined opinion of the court. 1. The evidence discloses that the intestate and defendant in error were brother- and sister, and that defendant in error resided with the intestate, as a member of his family, or made intestate’s -house her home, and performed Services therein, and therefor, without any express contract, promise or understanding, on the part of the intestate, to pay her for her…

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Error from Johnson County. The facts of the case sufficiently appeal’ in the subjoined opinion of the court. 1. The evidence discloses that the intestate and defendant in error were brother- and sister, and that defendant in error resided with the intestate, as a member of his family, or made intestate’s -house her home, and performed Services therein, and therefor, without any express contract, promise or understanding, on the part of the intestate, to pay her for her services. ■ We maintain she was not entitled to recover for such services, because, in such cases, the law does not raise an…

1Opinion of the Court

By the Court,

Kingman, C. J.

The record in this case shows that the defendant in error, a woman of mature age, lived in, and formed part of the household of her brother for several years before his death, performing the labor usually appertaining to *421a housekeeper having a family in charge, and discharging such duties with prudence, industry and skill. After the death of her brother she presents a claim against his estate for those services, amounting to fifteen hundred and eighty dollars; the time charged for, being from the 13th day of March, 1861, to the 4th day of November, 1868. The probate…

2Cases cited5 opinions

  1. Williams v. . HutchinsonNew York Court of Appeals · 1850
  2. Robinson v. CushmanNew York Supreme Court · 1846
  3. Williams v. HutchinsonNew York Supreme Court · 1849
  4. Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
  5. Cauble v. RymanIndiana Supreme Court · 1866

3Cited by21 opinions

  1. Heffron v. BrownIllinois Supreme Court · 1895
  2. Griffith v. RobertsonSupreme Court of Kansas · 1906
  3. Wilson v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1902
  4. Grisham v. LeeSupreme Court of Kansas · 1900
  5. Wyley v. BullSupreme Court of Kansas · 1889

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