Tennison v. Platt
Supreme Court of Kansas
Error from Johnson District Court. Action by Platt against Tennison, as administrator, to recover her share of an estate administered by the defendant. At the May term, 1889, there was a judgment for plaintiff, and defendant brings the case to this court. Other facts appear in the opinion, filed February 11, 1893. “It is the duty of the courts to charge the juries upon all the issues involved.”
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Error from Johnson District Court. Action by Platt against Tennison, as administrator, to recover her share of an estate administered by the defendant. At the May term, 1889, there was a judgment for plaintiff, and defendant brings the case to this court. Other facts appear in the opinion, filed February 11, 1893. “It is the duty of the courts to charge the juries upon all the issues involved.” Guthrie v. Merrill, 4 Kas. 187; Collins v. Martin, 43 id. 182; Stadel v. Stadel, 40 id. 646, 647, 648. The general charge of the court does not state the law correctly and is grossly misleading, and…
1Opinion of the Court
Opinion by
Green, C.:
This was an action brought by Elizabeth A. Platt, to recover from W. H. Tennison the sum of $1,750. The petition contained two counts. The first charged the indebtedness against the defendant as administrator of the estate of J. D. Tennison, deceased, to Lucy Ten*633nison, widow and heir at law of the decedent, being part of her distributive share of the estate which had been ordered paid to her by the probate court of Johnson county, which indebtedness was alleged to have been assigned to the plaintiff. The second count charged the same indebtedness against the defendant…
2Cases cited1 opinion
- Stadel v. StadelSupreme Court of Kansas · 1889