Davis v. Clark
Supreme Court of Kansas
Error from Saline District Court. Hon. R. F. Thompson, Judge. This was an action against Lalla C. Collins, as administratrix of the estate of A. F. Harsh, deceased, and also against W. M. Clark, E. W. Ober and J. B. Shellabarger, as sureties on her administration bond. March 14, 1890, Lalla C. Collins was removed as administratrix and Thomas H. Davis appointed in her stead.
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Error from Saline District Court. Hon. R. F. Thompson, Judge. This was an action against Lalla C. Collins, as administratrix of the estate of A. F. Harsh, deceased, and also against W. M. Clark, E. W. Ober and J. B. Shellabarger, as sureties on her administration bond. March 14, 1890, Lalla C. Collins was removed as administratrix and Thomas H. Davis appointed in her stead. He brought this action, alleging unfaithful administration, and the failure of the administratrix to account to the probate court for the sum of seven thousand dollars of the assets of the estate, which came into her hands…
1Opinion of the CourtJohnston, J.
The action was not barred against Lalla C. Collins, the principal on the bond, and the main question for our determination is whether it was barred against the sureties. It was not brought until more than three years after Mrs. Collins was ordered by the probate court to turn over the assets of the estate to her successor, and the court held that the three-year Statute of Limitations was applicable. It is contended by the plaintiff in error that the basis of the action is a contract in writing, and that therefore it may be brought at any time within five years after the right to sue accrued.…
2Cases cited5 opinions
- Beall v. New MexicoSupreme Court of the United States · 1873
- Ryus v. GrubleSupreme Court of Kansas · 1884
- Board of Commissioners v. Van SlyckSupreme Court of Kansas · 1894
- Steele v. SouderSupreme Court of Kansas · 1878
- Court of Probate of Scituate v. SmithSupreme Court of Rhode Island · 1889
3Cited by15 opinions
- Oregon v. DavisOregon Supreme Court · 1903
- Mozingo v. RossIndiana Supreme Court · 1898
- People v. PutnamSupreme Court of Colorado · 1912
- State ex rel. Paulsen v. McKaySupreme Court of Kansas · 1934
- Anderson v. ShafferCalifornia Court of Appeal · 1929
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