Neil v. J. I. Case & Co.
Supreme Court of Kansas
Error from Republic District Court. ActtoN upon a promissory note, brought by. Case & Co., against Jeannette Neil, administratrix of the estate of John Neil, deceased. Trial at the October Term, 1879, of the district court, and judgment for the plaintiffs. The defendant brings the case here. The opinion states the facts. 1. Section 108 of the code applies only to actions.
Read the full summary
Error from Republic District Court. ActtoN upon a promissory note, brought by. Case & Co., against Jeannette Neil, administratrix of the estate of John Neil, deceased. Trial at the October Term, 1879, of the district court, and judgment for the plaintiffs. The defendant brings the case here. The opinion states the facts. 1. Section 108 of the code applies only to actions. This case is not an action, but a proceeding before a probate court, wherein no provision is made for any pleadings whatever. The code has no application, and has not in any manner changed the rule, of the common law,which…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On the 3d day of July, 1879, J. I. Case •& Co., a corporation organized under the laws of the state of Wisconsin, filed in the probate court of Republic .county a demand against the estate of John Neil, deceased, upon the following note:
“MINERAL Point, Wis., Feb’y 7th, 1880. — Nine months after date, for value received, we promise to pay to the bearer, Francis Hambly, one hundred and forty-four dollars, with interest at 7 per cent., at W. F. Henry’s bank, Mineral Point. John Neil.
David Neil.”
Indorsed: “Francis Hambly; Oct. 27,1875, rec’d…
2Cases cited5 opinions
- Paramore v. LindseySupreme Court of Missouri · 1876
- Stoner v. EllisIndiana Supreme Court · 1855
- Savage v. GunterSupreme Court of Alabama · 1858
- First National Bank v. FranklinSupreme Court of Kansas · 1878
- Hayden v. GoodnowSupreme Court of Connecticut · 1872
3Cited by19 opinions
- Insurance Co. of North America v. BrimIndiana Supreme Court · 1887
- Wilson v. HayesSupreme Court of Minnesota · 1889
- Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
- Moddie v. BreilandSouth Dakota Supreme Court · 1897
- Arn v. MatthewsSupreme Court of Kansas · 1888
14 more not listed; retrieve them via the Exa API.