Legal Opinion

Parker v. Wiggins

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 6 opinions

Mtot from Labette District Court. The principal facts in this case, and proceedings in the court below, are sufficiently stated in the opinion. The action was originally brought by Parker & Tisdate as plaintiffs, against three defendants — Charles W., Joseph M., and John J. Wiggins, as partners. No service on either of the defendants, but Joseph M. appeared and answered.

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Mtot from Labette District Court. The principal facts in this case, and proceedings in the court below, are sufficiently stated in the opinion. The action was originally brought by Parker & Tisdate as plaintiffs, against three defendants — Charles W., Joseph M., and John J. Wiggins, as partners. No service on either of the defendants, but Joseph M. appeared and answered. His answer was entitled, “Parker & Tisdale, plaintiffs, against Charles W. Wiggins, Joseph M. Wiggins, and-John J. Wiggins, doing business as C. W. Wiggins & Bros., defendants,” and is as follows: [Title.] “And the defendant…

1Opinion of the Court

‘The opinion of the court was delivered by

Kingman, C. J.:

Parker & Tisdale commenced an action .against Charles W. Wiggins, Joseph M. Wiggins, and John J. Wiggins, doing business under the name of C. W. Wiggins & Bros., on an account for money had and received as agents of the plaintiffs. No service is shown on any of the defendants. Joseph M. Wiggins alone answered, setting up, first, .a general denial; second, payment; third, a defense that is called a counterclaim, and which appears by the evidence to have been such in favor of “C. W. Wiggins & Bros.” and ngainst the plaintiffs. This…

2Cases cited2 opinions

  1. Zabriskie v. . SmithNew York Court of Appeals · 1855
  2. Vassear v. . LivingstonNew York Court of Appeals · 1855

3Cited by6 opinions

  1. Wyman v. HerardSupreme Court of Oklahoma · 1899
  2. Lantis v. DavidsonSupreme Court of Kansas · 1899
  3. Ennor v. RaineNevada Supreme Court · 1903
  4. Miller v. Campbell Commission Co.Supreme Court of Oklahoma · 1903
  5. Brisley v. MahaffeySupreme Court of Oklahoma · 1917

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