Hefferlin v. Stuckslager
Supreme Court of Kansas
Error from Wyandotte District Court. Stuckslager sued Hefferlin and bis sureties before a justice of the peace, counting on an executor’s bond, and a breach thereof by Hefferlin. On the trial, plaintiff offered in evidence the record of a judgment rendered by the probate court of Wyandotte county in a proceeding in his favor against Hefferlin as executor ; the justice admitted- the judgment in evidence, and defendant excepted.
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Error from Wyandotte District Court. Stuckslager sued Hefferlin and bis sureties before a justice of the peace, counting on an executor’s bond, and a breach thereof by Hefferlin. On the trial, plaintiff offered in evidence the record of a judgment rendered by the probate court of Wyandotte county in a proceeding in his favor against Hefferlin as executor ; the justice admitted- the judgment in evidence, and defendant excepted. Judgment being given in favor of Stuckslager, the defendant Hefferlin removed the cause to the district court by petition in error. The district court affirmed the…
1Opinion of the Court
*168The opinion of the court was delivered by
Sajvford, J.:
This was an action oi’iginally brought before a justice of the peace, to recover of Martin Hefferlin and bis sureties, upon an executor’s bond, tbe amount of principal, interest, and costs claimed to be due upon a judgment of tbe probate court of Wyandotte county. Tbe said judgment had theretofore been rendered in a .proceeding instituted in the probate court against tbe said Hefferlin, as executor of tbe estate of one No wen a Harris, deceased, upon a suggestion of waste of said estate, and of failure to account for all tbe assets thereof…
2Cited by5 opinions
- Meixell v. KirkpatrickSupreme Court of Kansas · 1883
- Bury v. ConklinSupreme Court of Kansas · 1880
- Missouri Pacific Railway Co. v. LeaSupreme Court of Kansas · 1891
- Freeman v. WaynantSupreme Court of Kansas · 1881
- Porter v. HallSupreme Court of Kansas · 1873