Davenport v. Ogg
Supreme Court of Kansas
Error from Johnson District Court. Davenport filed a claim in the probate court of Johnson county against the estate of one M. D., deceased. The claim was resisted by Ogg, the executor, and a trial was had before the probate judge and a finding for the claimant. The case was appealed to the district court, where a trial was had at November Term 1873. Judgment was given for the executor, and Davenport appeals, and brings the case here on error.
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Error from Johnson District Court. Davenport filed a claim in the probate court of Johnson county against the estate of one M. D., deceased. The claim was resisted by Ogg, the executor, and a trial was had before the probate judge and a finding for the claimant. The case was appealed to the district court, where a trial was had at November Term 1873. Judgment was given for the executor, and Davenport appeals, and brings the case here on error. Other facts are stated in the opinion. The court erred in excluding the witness for disobeying the order of the court. The fault, if any, was the fault…
1Opinion of the Court
*365The opinion of the court was delivered by
Valentine, J.:
1 witnralesgdurmg trial.
Testimony of witness.
*366 „ „ , 2. Credibility of Shed ai-1?™; tempt.
3. conduct of sumption.
*367 4. where witpetent.
*368All the Justices concurring.
*365At the commencement of the trial of this case, an order was made by the court below excluding from the court-room, during the trial, all the plaintiff’s witnesses, except such witness as might be called in at any time for examination. During the trial, Mary Atkinson, one of plaintiff’s witnesses, came into the court-room in violation of said order, and heard all the…
2Cases cited4 opinions
- Bell v. StateSupreme Court of Alabama · 1870
- Keith v. WilsonSupreme Court of Missouri · 1840
- Grimes v. MartinSupreme Court of Iowa · 1860
- Fairley v. FairleyMississippi Supreme Court · 1857
3Cited by12 opinions
- Williams v. StateSupreme Court of Arkansas · 1975
- State v. CantrellSupreme Court of Kansas · 1983
- State v. WorthenSupreme Court of Iowa · 1904
- O'Bryan v. AllenSupreme Court of Missouri · 1888
- Davis v. ByrdIndiana Supreme Court · 1884
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