Davies v. Jones
Supreme Court of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. The facts leading up to the present controversy, necessary to a proper understanding of the questions involved, were stated in the opinion of Mr. Justice Johnston, in Jones v. Davies, 60 Kan. 309, 56 Pac. 484, when this case was here before, as follows: "It appears that on November 15, 1886, W. E. Swift, F. E. Holliday, A. P. Bowman, Joseph Freeman and A. B. Qüinton purchased from Jacob Skill-man for…
Read the full summary
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. The facts leading up to the present controversy, necessary to a proper understanding of the questions involved, were stated in the opinion of Mr. Justice Johnston, in Jones v. Davies, 60 Kan. 309, 56 Pac. 484, when this case was here before, as follows: "It appears that on November 15, 1886, W. E. Swift, F. E. Holliday, A. P. Bowman, Joseph Freeman and A. B. Qüinton purchased from Jacob Skill-man for speculation and profit four lots in the city of Topeka for the sum of $14,000, making a cash payment of $3000, leaving $11,000 to…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
In the former decision of this case it was held that Davies was liable to the executor of Skillman as a partner. The opinion concludes :
“ The judgment of the district court will therefore be reversed, and the cause remanded with direction to enter judgment against defendant (Davies) for the amount of the indebtedness remaining unpaid.” (Jones v. Davies, 60 Kan. 309, 56 Pac. 484.)
The mandate sent to the district court conformed to this language. No direction was given as to what the amount of the judgment should be. This was left to the…
2Cases cited4 opinions
- Jones v. DaviesSupreme Court of Kansas · 1899
- McDonald v. SwisherSupreme Court of Kansas · 1899
- Tuckerman v. NewhallMassachusetts Supreme Judicial Court · 1822
- Lord v. AndersonSupreme Court of Kansas · 1876
3Cited by2 opinions
- Misco Leasing, Inc. v. BushSupreme Court of Kansas · 1971
- Winn v. KrowSupreme Court of Oklahoma · 1930