Estate of Baker v. Hentig
Supreme Court of Kansas
Error from Shawnee District Court. This suit originated in the presentation of a claim by the defendant in error against the Estate of E. W. Baker, deceased, to the probate court of Shawnee county, for allowance.
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Error from Shawnee District Court. This suit originated in the presentation of a claim by the defendant in error against the Estate of E. W. Baker, deceased, to the probate court of Shawnee county, for allowance. It was alleged that the defendant in error had a judgment against the Topeka Rolling Mill Company, a corporation, and others; that execution had been issued on the judgment, with the return, nulla bona; that E. W. Baker, in his lifetime, was a paid-up stockholder in said company to the amount of $1,000; and that, as such stockholder, he was liable to said Hentig in the amount of his…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The main allegation of error to which our attention is called, is the action of the district court in reversing the judgment of the probate court upon a transcrijpt which not only did not purport to contain all the evidence in the case, but which showed affirmatively that all the evidence was not incorporated in the record. The point is well taken. The district court must have considered the transcript in the light of a case-made, and upon the ground that it contained a statement of so much of the proceedings and evidence as was necessary…
2Cited by2 opinions
- Gray v. HallCalifornia Supreme Court · 1928
- Litsey v. MoffettSupreme Court of Kansas · 1883