McLean v. Webster
Supreme Court of Kansas
Error from Coffey District Court. ON the 11th day of October, 1884, Mehitable 8. Webster commenced her action against Charles McLean, the minor child of Wm. McLean, deceased, to recover the sum of $1,050, and interest, and also to subject the southwest quarter of sec1 tiou 34, township 21, in range 15, to the payment of said claim. Upon the same day she obtained an order of attachment, which was levied upon the' real estate above described. Service was made by publication.
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Error from Coffey District Court. ON the 11th day of October, 1884, Mehitable 8. Webster commenced her action against Charles McLean, the minor child of Wm. McLean, deceased, to recover the sum of $1,050, and interest, and also to subject the southwest quarter of sec1 tiou 34, township 21, in range 15, to the payment of said claim. Upon the same day she obtained an order of attachment, which was levied upon the' real estate above described. Service was made by publication. S. C. Jenkins, esq., was appointed by the court guardian ad litem for Charles McLean, the minor. He filed an answer,…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
The contention of the minor, Charles McLean, through his guardian ad litem, is, that the amended petition did not state facts sufficient to give the district court jurisdiction of the subject-matter of this action, because the statutes of the state provide full and complete remedies in the probate court for the collection of all claims against the estates of deceased persons, and therefore that the probate court of Coffey county is vested with the exclusive jurisdiction of the subject-matter. "William McLean, the father of Charles McLean,…
2Cases cited3 opinions
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- Gafford v. DickinsonSupreme Court of Kansas · 1887
- Fox v. Van NormanSupreme Court of Kansas · 1873
3Cited by9 opinions
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- Douglass v. LoftusSupreme Court of Kansas · 1911
- Chitty v. GillettSupreme Court of Oklahoma · 1915
- Thomas v. HughSupreme Court of Kansas · 1909
- Harmon v. NofireSupreme Court of Oklahoma · 1928
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