American National Bank v. Branch
Supreme Court of Kansas
Error from Mitchell District Court. Hon. Gyrus Heron, Judge. STATEMENT BY THE COURT. This was an application to the district court of Mitchell county by certain creditors to require W. T. Branch, as assignee of the Security Investment Company, to distribute funds of the assigned estate in his hands among them, and to exclude certain other creditors, whose claims had been allowed by the assignee, from participating in the distribution.
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Error from Mitchell District Court. Hon. Gyrus Heron, Judge. STATEMENT BY THE COURT. This was an application to the district court of Mitchell county by certain creditors to require W. T. Branch, as assignee of the Security Investment Company, to distribute funds of the assigned estate in his hands among them, and to exclude certain other creditors, whose claims had been allowed by the assignee, from participating in the distribution. Testimony was received on the application, from which it appeared that the Security Investment Company, of Cawker City, Kan., was incorporated and began…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J. :
The right to a review of the rulings made by the district court is challenged at the outset by the defendants in error, because a great many of the claims that were allowed before the trial were for sums less than is required to give this court jurisdiction. The estate is an entirety, and its value greatly exceeds the jurisdictional amount. It affirmatively appears that each of a large number of the claims is more than $2,000 ; but whether large or small, the claimants were all interested in the trust fund, and a final disposition of the…
2Cases cited5 opinions
- Wurtz, Austin & McVeigh v. HartSupreme Court of Iowa · 1862
- Besley v. LawrenceNew York Court of Chancery · 1845
- Burnham, Hanna, Munger & Co. v. Citizens Bank of EmporiaSupreme Court of Kansas · 1895
- State v. Kansas InsuranceSupreme Court of Kansas · 1884
- Missouri, Kansas & Texas Railway Co. v. HaberSupreme Court of Kansas · 1896
3Cited by10 opinions
- Holden v. SpierSupreme Court of Kansas · 1902
- Concordia Mercantile Co. v. Commercial National BankSupreme Court of Kansas · 1952
- Estate of Prescott State BankArizona Supreme Court · 1931
- First Nat. Bank v. GreenSupreme Court of Alabama · 1930
- In Re Dayton's EstateSupreme Court of Oklahoma · 1935
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